Samita Devi @ Samita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20199 of 2016 ====================================================== Samita Devi @ Samita Kumari W/o Sri Manoj Ram Resident of MohallaKamla Nehru Nagar, P.O.- GPO, P.S.- Kotwali, Town & District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary to the Government, Department of welfare, Govt. of Bihar, Patna.

2. The Director, Integrated Child Development Service, Bihar, Patna.

3. The District Welfare Officer, Siwan.

4. The Child Development Project Officer, Patna Sadar, Patna.

5. The Anita Kumari W/o Ram Suresh Sah Resident of Mohalla- Kamla Nehru Nagar, P.O.- GPO, P.S.- Kotwali, Town & District- Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate Mr. Rajiv Roy, Advocate For the State : Mr. Prashant Pratap-GP2 For the Respondent/s : Ms. Soni Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-09-2018 Learned counsel for both sides submit that the impugned order in question is an appealable order before the Collector but the petitioner has approached this Court straightway without exhausting alternative remedy by filing an appeal. In such view of the matter, this writ petition is disposed of with a liberty to the petitioner to file an appeal before the Collector, Patna and the Collector, Patna will decide the matter in accordance with law.

As has been submitted by the learned counsel for the respondents that appeal no. 21 of 2016-17 is pending before the

Patna High Court CWJC No.20199 of 2016 (2) dt.11-09-2018 2 /2 Collector, Patna and Collector is unable to dispose of the appeal on account of pendency of this writ petition. This Court directs the Collector, Patna to hear the appeal together.

(Shivaji Pandey, J) Vinay/Sunny U