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Patna High CourtCWJC/354/2022disposed

Renu Devi v. The State Of Bihar

2022-11-04Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 354 of 2022 ====================================================== Renu Devi W/o Santosh Kumar Yadav Resident of Vilalge-Gamhariya, Gram Panchayat, Peepara, Ward No.6, P.S. and Anchal-Navinagar, DistrictAurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secreary, Child and Social Welfare Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Aurangabad.

3.

The District Programme Officer, Aurangabad.

4.

The Child Development Project Officer, Navinagar, Aurangabad. 5.

Usha Kumari W/o Ravindra Ram Resident of Vilalge-Gamahariya, Gram Panchayat, Peepara, Ward No. 5, P.S. Navinagar, District-Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Dhaneshwar Prasad Gupta, Advocate For the Respondent/s :

Mr Gyan Prakash Ojha, GA VII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and the respondents through Virtual Mode.

Learned counsel for the petitioner as well as the learned State Counsel are not disputing the fact that order of the District Programme Officer dated 17.02.2020 was amenable before the Divisional Commissioner. After coming into force of Angan Bari Sevika/Sahayika Guidelines of 2019, with effect from 27.05.2019, the order of the District Programme Officer is amenable to the Divisional Commissioner, under Clause 12 of the Guidelines.

Patna High Court CWJC No.354 of 2022(4) dt.04-11-2022 2/2 The order of the District Magistrate dated 07.10.2021, therefore, is without jurisdiction. The same having been passed on an appeal filed after 27.05.2019 and decided by order dated 07.10.2021.

The order of the District Magistrate is, accordingly, quashed.

Petitioner's counsel submits that he would be moving the competent authority, being the Divisional Commissioner. With liberty, as prayed for, this writ petition is disposed of.

(Madhuresh Prasad, J) M.E.H./- U