Kalpana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.402 of 2022 In Civil Writ Jurisdiction Case No.9071 of 2020 ====================================================== Kalpana Kumari W/o Sri Adesh Kumar Kedar, R/o Village- Laxmipur Bhagwati, Ward No. - 16, P.S. - Srinagar, Block - Kumarkhand, District - Madhepura.

... ... Appellant

Versus

1.

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

2.

The Director, ICDS, Department of Social Welfare, Govt. of Bihar, Patna. 3.

The Divisional Commissioner, Koshi Division, Saharsa. 4.

The District Collector-cum-District Magistrate, Madhepura. 5.

The District Programme Officer, ICDS, Madhepura. 6.

The Child Development Project Officer (CDPO) Kumarkhand, District - Madhepura.

7.

Kanchan Kumari @ Kanchan Devi wife of Mithilesh Modi, Resident of Village -Laxmipur Bhagwati, Ward No. - 16, P.S. - Srinagar, Block - Kumarkhand, District - Madhepura.

... ... Respondents ====================================================== Appearance :

For the Appellant :

Mr. Rajeev Kr. Singh, Advocate, Advocate Mr. Alok Kumar Singh, Advocate For the Respondent No. 7 :

Mr. Pramod Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 15-10-2025 Heard the parties.

2. We have perused the records of the Writ Court. From the perusal of the record of the Writ Court, it appears that the learned Single Judge had passed the order of removal of the appellant without issuing notice to the appellant, who happened

Patna High Court L.P.A No.402 of 2022(20) dt.15-10-2025 2/2 to be the Respondent No. 7 to the writ petition. Apparently, on the basis of the records, it appears that there is a violation of principle of natural justice.

3. Considering the same, the order dated 18.05.2022 passed by the learned Writ Court in C.W.J.C. No. 9071 of 2020 (Kanchan Kumari @ Kanchan Devi Vs. The State of Bihar & Ors.) is set aside and the matter is remitted back for reconsideration by the learned Single Judge afresh.

4. With the aforesaid direction, the present intra court appeal is allowed.

(Sudhir Singh, J) (Rajesh Kumar Verma, J) Sachin/- U