Anita Kumari @ Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3458 of 2021 ====================================================== Anita Kumari @ Anita Devi, Wife of Sh. Baristar Kumar, resident of VillageChargaha, Police Station- Bettiah Muffasil, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Social Welfare, Government of Bihar, Patna.

2.

The Director, I.C.D.S., Government of Bihar, Patna. 3.

The Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Magistrate, West Champaran, Bettiah. 5.

The District Programme Officer (I.C.D.S.), West Champaran, Bettiah. 6.

The Child Development Project Officer, Nautan, District- West Champaran, Bettiah.

7.

The Lady Supervisor, Village- Chargaha, Ward No. 3, Block- Nautan, District- West Champaran, Bettiah.

8.

Pushpa Kumari, Wife of Sh. Samjeev Kumar, resident of Village- Chargaha, Police Station- Bettiah Muffasil, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Respondent/s :

Mr. Kumari Amrita, GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 29-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of COVID-19 Pandemic.

2. State counsel accepts notice for respondent nos. 1 to 7.

3. Service of notice to 8th respondent, Pushpa Kumari, is dispensed with, since no adverse order is passed.

4. Heard learned counsel for the parties.

Patna High Court CWJC No.3458 of 2021 dt.29-01-2022 2/3

5. In the instant petition, the petitioner has prayed for the following reliefs:

"I) For issuance of an appropriate writ in the nature of mandamus directing the respondents to dispose off the representations of the petitioner dated 15/06/2019 and 19/06/2019 (Annexure-4 & 5 to this application) and to add her name in the mapping list of the Anganwari Centre situated in Village- Chargaha, Ward No.3, Panchayat- Sansaraiya, Block- Nautan in the District of West Champaran, Bettiah.

II) For issuance of writ directing the Respondent C.D.P.O., Nautan to pass a reasoned order upon the objection dated 29/06/2019 (Annexure-6 to this application) filed by the petitioner without any undue delay. AND For any other relief/reliefs for which the petitioner is entitled for."

6. The petitioner has already invoked the remedy of appeal before the Appellate Authority.

7. Accordingly, the Appellate Authority/District Magistrate, West Champaran, Bettiah is hereby directed to examine whether he is the Appellate Authority or not? If he is not the Appellate Authority, the petitioner's appeal should be transmitted to the Appellate Authority.

8. The Appellate Authority is hereby directed to decide the petitioner's appeal after providing ample opportunity of

Patna High Court CWJC No.3458 of 2021 dt.29-01-2022 3/3 hearing to the petitioner and 8th respondent, namely, Pushpa Kumari, within a period of four months from the date of receipt of a copy of this order.

9. The writ petition stands disposed of.

(P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.02.2022 Transmission Date NA