Chandra Kishore Madan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.253 of 2016 ===========================================================

1. Chandra Kishore Madan Son of Late Chandradeo Narayan, Resident of Mohalla + P.O. Belvanwa, Police Station and District - East Champaran, at present Secretary Brahmsthan Mamta Griha, Chhota Bariyarpur, Motihari District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director Social Welfare Directorate, Patna.

3. The District Magistrate, East Champaran.

4. The Assistant Director, Child Protection Unit, Motihari, District - East Champaran.

5. The Chairman District Welfare, Committee, East Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh, Adv. For the Respondent/s : Mr. Nalin Kumar, A.C. to G.P.20 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 09-12-2016 Heard Mr. Umesh Kumar Singh learned counsel for the petitioner and Mr. Nalin Kumar A.C. to G.P.20 for the State. The petitioner prays for an appropriate direction to the respondent authorities in the Social Welfare Directorate to consider his request made for registration of the Brahma Sthan Mamta Griha, Chhota Bariyarpur, Motihari, in the district of East Champaran under the provisions of Section 34(3) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act').

Mr. Singh learned counsel for the petitioner submits that it is

Patna High Court CWJC No.253 of 2016 dt.09-12-2016 2/2 following an advertisement published by the respondent in the Department of Social Welfare Directorate that the petitioner applied for registration and his application on enquiry was forwarded by the District Magistrate, East Champaran to the Director, Social Welfare, Bihar, Patna, the respondent No.2 herein as back as on 27.6.2013 but the matter remains pending with the Directorate. He thus prays for appropriate direction to the respondent No.2 for taking a final decision in the matter.

Having heard learned counsel for the parties and considering the prayer made in the writ petition, I deem it fit and proper to dispose of the writ petition with the direction to the respondent No.2, the Director, Social Welfare Directorate, Bihar, Patna to take a final decision on the recommendation made by the District Magistrate, East Champaran as regarding the registration of the institution of the Children Home of which the petitioner happens to be the Secretary under Section 34(3) of 'the Act' in accordance with law within a period of 3 months from the date of receipt/production of a copy of this order.

(Jyoti Saran, J) Bibhash/- NAFR CAV DATE Uploading Date 13.12.16 Transmission Date