Bibi Nilofar Praveen v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.198 of 2015 =========================================================== Bibi Nilofar Praveen W/o Md. Nurail Alam @ Md. Nurain Alam, Resident of Village Jhamta Ward No. 10, P.S. Tarabari, District Araria .... .... Petitioner/s

Versus

1. The State of Bihar through the Director, The Child Development Scheme Government of Bihar, Patna

2. The District Magistrate, Araria

3. The District Programme Officer, Araria

4. The Child Development Project Officer, Araria

5. Bibi Nahida Begam W/o Md. Tahjib D/o Late Ayub Resident of Village Jhamta Ward No. 10, P.S. & District Araria .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For respondent no. : Mr. Pankaj Kumar Jha, Advocate For the State : Mr. Gyan Prakash Ojha, GA 7 Mr. Gopal Krishna, AC to GA 7 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 30-01-2018 Heard counsel for the petitioner, the State and the respondent no. 5

2. The petitioner has filed the instant writ petition for setting aside the selection of the respondent no. 5 as Angan Bari Sevika for Angan Bari Centre Hasib Tola bearing Centre Code N. 92 under Gram Panchayat Raj, Jhamata, District Araria.

3. From the averments made in the writ petition, it is apparent that the petitioner has availed the alternative remedy by her application dated 27.11.2014 which is Annexure 4 of the writ petition

Patna High Court CWJC No.198 of 2015 dt.30-01-2018 2/2 and that the same is still pending. There is no occasion for this Court to exercise the jurisdiction on the claim of the petitioner.

4. However, the parties are in agreement that the issue may be finally decided by the District Magistrate, Araria, respondent no. 2.

5. In view of the aforesaid stand taken by the parties, the writ petition is disposed off. The District Magistrate respondent no. 2 shall pass a reasoned and speaking order in accordance with law on the pending application dated 24.11.2014 of the petitioner after noticing the respondent no. 5 and after hearing the parties concerned. The same may be done within eight weeks from the date of receipt/production of a copy of this order.

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