Kiran Devi v. The State Of Bihar And ORS

Patna High Court LPA No.5 of 2017 (3) dt.06-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.5 of 2017 In Civil Writ Jurisdiction Case No. 3906 of 2016 ====================================================== Kiran Devi .... .... Appellant/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Kamal Kishore Mishra, Advocate. For the Respondent/s : Mr. Kaushal Kr.Jha-AAG-8 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-11-2017 Two days delay in filing of the appeal is condoned. Seeking exception to an order dated 28.11.2016 passed by learned Writ Court in C.W.J.C. No.3906 of 2016 challenging the appointment of private respondent Smt. Girija Devi as Aanganbari Sevika, Aanganbari Centre in question finding that the dispute with regard to citizenship of private respondent and holding that such dispute cannot be decided in writ petition under Article 226 of the Constitution, the petitioner was granted liberty to approach the forum where all the dispute can be decided. In doing so, the learned Writ Court has not committed any error. Accordingly, we find no merit and the appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) U Harish/-