Hema Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11578 of 2013 ====================================================== Hema Kumari, Daughter Of Baidyanath Mishra, Resident Of Village - Sasuala, Block - Suppi, Police Station - Majorganj, District - Sitamarhi ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner, Tirhut Division, Muzaffarpur 3.

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

The Collector Cum District Magistrate, Sitamarhi 5.

The Child Development Programme Officer C.D.P.O. Suppi, District - Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dhirendra Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 12-03-2019 Heard the parties.

In the present case, the petitioner is challenging the order passed by the different Authorities such as Collector, Sitamarhi as well as order passed by the Commissioner, Tirhut Division, Muzaffarpur who has dismissed the petition vide order dated 22.05.2012, which reflects that it is very cryptic order without application of mind and not sustainable in law as the reason living link between the judgment maker and the decision, which reflects what is going in the mind of judgment maker, can be understood from the reason assigned and reliance can be placed from the judgment reported in (2003) 4 SCC 364 (Chairman and

Patna High Court CWJC No.11578 of 2013 dt.12-03-2019 2/2 Managing Director, United Commercial Bank and Ors. Vs. P. C. Kakkar).

In this view of the matter, the order dated 22.05.2012 is set aside and the matter is remanded back to the Commissioner, Tirhut Division, Muzaffarpur for fresh consideration and decision within a period of six months from the date of receipt/production of a copy of this order.

Accordingly, this writ application is allowed. (Shivaji Pandey, J) V.K.Pandey/ S. Katyayan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.03.2019 Transmission Date NA