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Patna High CourtMJC/61/2017disposed

Mala Devi And ORS v. The State Of Bihar And ORS

2025-09-08Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.61 of 2017 In Civil Writ Jurisdiction Case No.22872 of 2012 ====================================================== 1.

Mala Devi W/o Shri Awadh Kishor Prasad Yadav, Village- Bhathahiya, P.O. Lakshmipur Pokhariya, Block- Adapur, District- East Champaran Motihari. 2.

Sunita Kumari, W/o Shri Rabindra Kumar, Village- Bahadurpur, P.O. Gamahariya Kala, Block- Adapur, District- East Champaran Motihari. 3.

Soni Devi, W/o Shri Ram Niwas Prasad, Village P.O. Gamahariya Kala, Block- Adapur, District- East Champaran Motihari. 4.

Indu Devi, W/o Shri Mukesh Das, Village P.O. Gamahariya Kala, BlockAdapur, District- East Champaran Motihari. 5.

Nitu Kumari, W/o Shri Hari Kishor Patel, Village P.O.- Gamahariya Kala, Block- Adapur, District- East Champaran Motihari. 6.

Asha Devi, W/o Shri Asheshwar Prasad, Village- Katgenwa Paschim Tola, P.O.- Bakhtaura, Block- Adapur, District- East Champaran Motihari. 7.

Urmila Devi, W/o Shri Hridayanarayan Prasad, Village- Katgenwa, P.O.- Bakhtaura, Block- Adapur, District- East Champaran Motihari. 8.

Meera Devi, W/o Shri Vyas Prasad Yadav, Village- Chainpur, P.O. Bhawanipur Bazar, Block- Adapur, Distirct- East Champaran Motihari. 9.

Ashgari Begam, W/o Sheikh Gulab, Resident of Village Mauze Bhawanipur, P.O. Bhawanipur Baar, Block- Adapur, District- East Champaran Motihari. 10.

Bibha Kumari, Wife of Munna Prasad, Resident of Village- Pratitola Nakardi, P.O. Nuniadih, Block - Adapur, District- East Champaran Motihari. 11.

Guriya Kumari @ Gudiya Devi, W/o Ajay Kumar, Resident of VillageKaraiya Purauli Tola, P.O. Block- Adapur, District- East Champaran Motihari.

12.

Rita Devi, W/o Sri Brij Kishore Prasad, Resident of Village- Karaiya Bichala Tola, P.O. Block- Adapur, District- East Champaran. Motihari. 13.

Kiran Kumari, W/o Shri Umesh Ram, Resident of Village- Bariyapur, P.O. Dubha, Block- Adapur, District- East Champaran Motihari. 14.

Khushboo Tora, W/o Safiur Rahman, Resident of Village- Islam Tola, Pakahi, P.O Andhra, Block- Adapur, District- East Champaran Motihari. 15.

Poonam Chandra Chaurasiya, W/o Chandra Mohan Bhagat, Resident of Village- Shyampur, P.O. P.S. Adapur, District- East Champaran Motihari. 16.

Pratima Devi, W/o Raambabu Prasad, Resident of Village- Chikni Koiri Palti, P.O. Block- Adapur, District- East Champaran Motihari. 17.

Sunita Devi, W/o Ramayan Paswan, Resident of Village- Hiradhapra, P.O. Block- Adapur, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State Of Bihar

Patna High Court MJC No.61 of 2017(7) dt.08-09-2025 2/3 2.

The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna. 3.

The Director, Integrated Child Development Officer, Indira Bhawan, Patna. 4.

Shri Anupam Kumar, The District Magistrate, East Champaran Motihari. 5.

Shri Rajendra Das, District Programme Officer, East Champaran Motihari. 6.

Shri Prabhat Ranjan, Child Development Project Officer- Cum- Block Development Officer, Adapur, District East Champaran Motihari. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dhirendra Kumar, A.C. to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-09-2025 The instant application has been filed for initiating a contempt proceeding against the opposite party nos.4 and 5 for willful disobedience of the order dated 17.9.2013 passed in CWJC no.22872 of 2012.

2. This Court in it's order dated 17.9.2013 was pleased to pass the following direction:

"In the meantime, let the posts concerned be not filled up till further order if the same has already not been done."

3. A supplementary counter affidavit has been filed on behalf of respondent no.6 in CWJC no.22872 of 2012 (which is still pending) making the following statements in paragraph nos.8 and 9 which is reproduced herein below for ready reference:

"8. That during pendency of writ petition on fresh Advertisement No.01 of 2016 was published for

Patna High Court MJC No.61 of 2017(7) dt.08-09-2025 3/3 fresh selection. Therefore, the petitioners filed M.J.C. No.61 of 2017 for non-compliance of order dated 17.09.2013. The Respondents filed show cause vide Oath No.35473 dated 07.02.2017.

9. That it is relevant to state that no selection process have been completed in view of Advertisement No.01 of 2016 due to stay order granted by this Hon'ble Court and all selection process in Adapur Project remain pending."

4. There being categorical statement by the opposite parties (respondents in the writ application) to the effect that no selection process has been completed in view of Advertisement no.1 of 2016 due to stay order ie order dated 17.9.2013 granted by this Court and all selection process in Adapur Project (sic. Block) remain pending, in the opinion of the Court, no contempt has been made out against the opposite parties (respondents in the writ application).

5. The contempt application stands disposed of. (Partha Sarthy, J) Saurabh/- U