Smt. Kavita Devi @ Kavita Kumari v. The Government Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14448 of 2019 ====================================================== Smt. Kavita Devi @ Kavita Kumari Wife of Ramvilas Rishi Resident of ward No.-5, Village- Laukahi, District- Purnia.

... ... Petitioner/s

Versus

1.

The Government of Bihar Through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

2.

The District Magistrate Purnia.

3.

The District Program Officer ICDS, Purnia.

4.

The Child Development Program Officer Purnia. 5.

Smt. Rubi Kumari Wife of Raman Kumar Resident of Village- Laukahi Chakla, District- Purnia.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akash Keshav, Adv.

For the State :

Mr. S. K. Mandal, SC-3 For the Respondent's :

Mr. Shankar Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-09-2024 Learned Counsel for the petitioner, Learned Counsel for the State and Learned Counsel for the private respondent are present.

2. The present writ petition has been filed for quashing of the order dated 14.12.2018 passed by the District Magistrate, Purnia, by which he has allowed the Service Appeal Case No. 67 of 2018 and set aside the order dated 11.06.2018 passed by the District Program Officer contained in Memo No. 795.

3. Counsel for the petitioner submits that the original order has been passed by the D.P.O. in his favour in which it has

Patna High Court CWJC No.14448 of 2019(4) dt.24-09-2024 2/2 been categorically held that the petitioner is resident of Ward No.5 whereas District Magistrate has rejected the claim and held that petitioner is not resident of Ward No.5.

4. After hearing the arguments, it transpires to this Court that there is disputed question of fact involved in this case. Hence, this matter can be decided only by the competent Civil Court. The petitioner shall be at liberty to approach the Civil Court for the just decision of this case.

5. In view of the above, the present writ petition stands disposed off with the aforesaid liberty. (Dr. Anshuman, J) Amandeep/- U