Archana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3073 of 2023 ====================================================== Archana Kumari Wife of Rajeev Yadav Resident of Village -Sardarganj Bishunpur Panchayat Raj Khajuri, P.S. Mashrakh, Distriict-Saran, Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Social Welfare Department, Govt of Bihar, Patna.

2.

The Director, Integral Child Development Scheme, Social Welfare Department, Govt. of Bihar, Patna.

3.

The Commissioner, Saran Division, at Chapra.

4.

The District Magistrate, Saran, Chapra.

5.

The District Proramme Officer, Saran, Chapra. 6.

The Child Development Project Officer, Masrak, District-Saran at Chapra. 7.

The Lady Supervisor, Gram Panchayat- Khajuri, Block- Masrakh, DistrictSaran, Chapra. 8.

Babita Kumari Wife of Upendra Kumar Yadav Resident of VillageBishunpura, P.S. and Block-Masrakh, District-Saran, Chapra. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar, Adv.

For the Respondent/s :

Mr.Prashant Pratap (GP2) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-07-2023 Learned counsel for the petitioner and learned counsel for the State are present.

2. Pendency of the Anganwari Appeal/ Revision No. 61 of 2022 is the grievance raised by the petitioner in the instant writ application. The appeal has been filed on 27-05-2022.

3. A counter affidavit has been filed by respondent Nos. 5 and 6, wherein, a stand has been taken in paragraph No. 9,which reads as follows:-

Patna High Court CWJC No.3073 of 2023(2) dt.24-07-2023 2/2 "9. That the petitioner ought to have wait for final outcome of the Anganbari Appeal/ Revision No. 61/2022 pending in the court of Commissioner, Saran Division, Chapra but she did not do so and filed the present writ application which is fit to be dismissed at this stage."

4. The reasons assigned in the counter affidavit, to say the least, is appalling. The Authorities, as per the said stand, require the petitioner to still remain in the waiting for disposal of her Anganwari Appeal/ Revision No. 61 of 2022 filed nearly one year back. The said stand in the counter affidavit is rejected.

5. The writ application is allowed.

6. The Commissioner, Saran Division, at Chapra (Respondent No.3) is directed to dispose of the petitioner's Anganwari Appeal/ Revision No. 61 of 2022, by a reasoned and speaking order, in accordance with law, within a period of four weeks (04) from the date of receipt/production of a copy of this order.

(Madhuresh Prasad, J) shyambihari/- U