Patna High CourtCWJC/1715/2015disposed

Bibha Kumari v. The State Of Bihar And ORS

2018-05-14Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 1715 of 2015 =========================================================== Bibha Kumari w/o Rajesh Kumar resident of village - Khajura, P.O. - Kaiyar, Block - Islam Nagar - Aliganj, District - Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Social Welfare, Govt. of Bihar, Patna.

2. The Director, I.C.D.S. Bihar, Patna.

3. The District Magistrate, Jamui.

4. The District Programme Officer, Jamui.

5. The Child Development Project Officer (C.D.P.O.), Islam Nagar- Aliganj, District - Jamui.

6. The Circle Officer, Islam Nagar - Aliganj Block of District - Jamui.

7. Bindu Kumari D/o Naresh Kumar Arya resident of village - Khajura, P.O. - Kaiyar, Block - Islam Nagar - Aliganj, District - Jamui. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr Arun Kumar, Advocate For the S t a t e : Mr Binod Kumar Yadav, SC XVIII =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 14-05-2018 Heard learned counsel for the petitioner and the respondent-State.

2 It is submitted by the learned counsel for the petitioner that though the petitioner had given an application dated (20.12.2010) for deletion of her name from Village - Jagdhar, under Gram Panchayat - Kaiyar, PS - Sikandra in the district of Jamui but the said fact has not been considered by the District Magistrate while passing the impugned order which is dated 02.09.2014 passed in Miscellaneous Appeal Case No 21 of 2013. It is further submitted

Patna High Court CWJC No.1715 of 2015 dt.14-05-2018 2/2 that the petitioner will persuade the District Magistrate, Jamui with reference to the said application (Annexure 6 to the instant writ petition), by filing a representation.

3 Petitioner may approach the authority in view of the prayer made hereinabove.

4 It is made clear that it will be open to the authority to take a final decision with reference to the application dated 20.12.2010 (Annexure 6 to the writ petition) after hearing the parties concerned. The consequential benefits admissible to the petitioner would be dependent upon the final decision taken by the District Magistrate, Jamui. While taking a decision in the matter, the order dated 02.09.2014 shall not stand in the way of the District Magistrate in deciding the matter afresh in accordance with law after hearing the parties concerned expeditiously.

5 The writ petition is disposed of.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.05.2018 Transmission Date NA