Mala Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1825 of 2016 ====================================================== Mala Kumari Wife of Sri Rajeshwar Ojha Resident of Mohalla - EF Janta Flat, Block No. 5, Room No. 261, Bahadurpur Housing Colony, Bhoot Nath Road,Patna 26, then Sahaika of Anganbadi Centre Code No. 12, Behind NMCH, Ward No. 46, Bhooth Nath Road, Patna ... ... Petitioner

Versus

1. The State Of Bihar and Ors

2. The District Magistrate, Patna

3. The District Programme officer, Patna

4. The Child Development Project Officer, Patna Sadar, District - Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Dudh Nath Singh For the Respondent/s :

Mr. Manoj Kumar AC to FP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-01-2019 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State., It appears from the averments made in the writ petition that against the order dated 20.7.2012 passed in Anganwari Case No. 339 of 2012 by the District Programme Officer, Patna, the petitioner has preferred appeal in the office of Collector, Patna vide Appeal No. 39 of 2013. There is no averment whether the said appeal has finally been decided or not.

In the aforesaid circumstances, there is no occasion for this Court to exercise its jurisdiction under Article 226 of the Constitution of India when the petitioner has availed of the

Patna High Court CWJC No.1825 of 2016(2) dt.24-01-2019 2/2 remedy of appeal before the Collector and there is no information whether it is being pursued by the petitioner and what has been fate of said appeal.

The writ petition is dismissed. The petitioner would be at liberty to pursue her appeal before the Appellate Authority. (Madhuresh Prasad, J) SNkumar/- U