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Patna High CourtCWJC/11745/2019disposed

Rekha Kumari @ Rekha Devi v. The State Of Bihar

2024-09-23Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11745 of 2019 ====================================================== Rekha Kumari @ Rekha Devi, W/o Birendra Paswan, Resident of Village and P.O. Barki Kharari,P.S. Kargahar,Dist.-Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Social Welfare Department,Govt. of Bihar 2.

The District Magistrate, Rohtas 3.

The District Programme Officer, Rohtas 4.

The Child Development Project Offic er, Kargahar,Dist.-Rohtas 5.

Vimla Devi W/o Raj Naryan Kumar Prabhakar, Resident of Village and P.O.-Barki Kharari,P.S. Barki Kharari,P.S. Kargahar,Dist.-Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar, Advocate For the Respondent/s :

Mr.Md. Raisul Haque (SC10) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-09-2024 Heard Learned Counsel for the Petitioner and Learned Counsel for the State.

2. Learned Counsel for the petitioner submits that by filing Interlocutory Application No. 1 of 2023, the order dated 07.07.2023, passed by the District Programme Officer, Rohtas at Sasaram in Appeal Case No. 101/2019-20, has been challenged.

3. Learned Counsel for the State raised a preliminary objection and submitted that the order of the District Programme Officer is appealable before the Collector concerned, therefore, the remedy lies to the petitioner by way of filing an appeal before the appellate authority under the relevant

Patna High Court CWJC No.11745 of 2019(4) dt.25-09-2024 2/2 Margdarshika prepared for appointment of Anganwadi Sevika and Sahayika.

4. In view of the aforesaid, the petitioner is hereby granted liberty to prefer appeal for challenging the order dated 07.07.2023, passed by the District Programme Officer, Rohtas at Sasaram in Appeal Case No. 101/2019-20 (as contained in Annexure -7 to the Interlocutory Application) in accordance with law under the relevant guidelines prepared for appointment of Aanganwari Sevika and Sahayika within 30 days from today. The delay, if any, in filing the appeal is directed to be condoned.

5. With the aforesaid observation and direction, the Writ Petition stands disposed off.

6. Interlocutory Application No. 01/2023 also stands disposed off.

(Dr. Anshuman, J) Ashwini/- U