Gulshan Parveen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5138 of 2020 ====================================================== Gulshan Parveen, W/o Md. Asalm, Daughter of Md. Imtiyaz Resident of Village Alapur Ward No.1, Post- Babhangawan, P.S. Korma, DistrictSheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna. 3.

The Director, I.C.D.S. Govt. of Bihar, Patna. 4.

The Commissioner, Munger Commissionery, Munger. 5.

The District Magistrate, Sheikhpura.

6.

The District Programme Officer, Sheikhpura, District Sheikhpura. 7.

The Child Development Project Officer Ghat Kusumha District Sheikhpura. 8.

Smt. Mamta Kumari W/o Santosh Kumar Resident of Village Alapur P.O. Babhangawan, P.S. Korma, District Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Respondent/s :

Ms.Kumari Amrita ( GP3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-03-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the petitioner has filed the present writ petition for quashing of the order dated 22.10.2019 passed by the respondent No.6, namely, the District Programme Officer, Sheikhpura contained in Memo No.989 dated 22.10.2019.

3. Learned counsel for the State has raised a preliminary objection with regard to the maintainability of this

Patna High Court CWJC No.5138 of 2020(2) dt.29-03-2024 2/2 writ petition.

4. Learned counsel for the petitioner after some argument submits that the order under challenge is appealable under the then guidelines. As such, he seeks permission to withdraw the present petition with the liberty to file an appeal before the appropriate authority according to the then guideline.

5. Learned counsel for the State agrees with the contention made by learned counsel for the petitioner.

6. In the aforesaid circumstances, the present petition stands disposed off granting liberty to the petitioner to avail his remedy before the appellate authority. The appellate authority is directed to entertain the appeal and the delay, if any, in filing the appeal is directed to be condoned.

(Dr. Anshuman, J) Ashwini/- U