Farhat Naz v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12972 of 2013 =========================================================== Farhat Naz W/O Md. Abrar Resident Of Panchayat Khutia, Village- Chandragaon, P.S- Biasi, District- Purnea.

.... .... Petitioner/s

Versus

1. The State Of Bihar Through The Director, Department Of Social Welfare, Government Of Bihar, New Secretariat, Patna.

2. The Director, Deparment Of Social Welfare, Government Of Bihar, New Secretariat, Patna.

3. The District Magistrate Purnea.

4. The District Programme Officer, Purnea

5. The Child Development Programme Officer, Baisi, Purnea.

6. The Block Development Officer, Baisi, Purnea.

7. Mushrat Khanam W/O Munna Mujasam Resident Of Village Chandragaon, P.S- Biasi,District- Purnea.

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

For the Petitioner/s : Mr. M.K. Agarwal, Adv. Mr. Sanjeet Kumar, Adv.

For the Respondent/s : Mr. Indeshwari Prasad, AC to GP-3 For the Resp. No.7 : Mr. Amit Kumar Anand, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 13-12-2016 Heard learned counsel for the parties.

In the present case, the impugned order dated 14.12.2012 has been passed by the District Magistrate, Patna, whereby, the complaint filed by the petitioner has been rejected. Learned counsel for the petitioner submits that that the private respondent falls under the exclusion clause of 4.9 of the Anganwari Scheme as the Anganwari Sevika is neither a government employee nor a semi-government employee.

In view of the provision of appeal, learned counsel for

Patna High Court CWJC No.12972 of 2013 dt.13-12-2016 the petitioner wants to withdraw this application in order to file an appeal before the Divisional Commissioner.

Permission is granted.

Let the petitioner exhaust an alternative remedy before the Divisional Commissioner who, while admitting the case, will take into consideration the pendency of this writ application before this Court.

If an appeal is filed by the petitioner before the aforesaid authority within a period of four weeks from today, the appellate authority will try to dispose of the same by passing a reasoned order within a period of six months from the date of filing of the appeal. Before passing of the final order, the appellate authority shall also extend opportunity of hearing to the petitioner as also the persons concerned by giving a notice.

This application is, accordingly, disposed of as withdrawn.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.12.2016 Transmission Date