Rita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14615 of 2024 ====================================================== Rita Kumari Wife of Vidyanand Yadav, resident of Village-Tituaha, Ward No. 12, Post-Latauna, P.S.-Triveniganj, Block-Triveniganj, District-Supaul, PIN852139. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Integrated Child Development Schemes, Government of Bihar, Patna.

3.

The Divisional Commissioner, Kosi Division, Saharsa. 4.

The Collector cum District Magistrate, Supaul. 5.

The District Programme Officer (I.C.D.S.) Supaul. 6.

The Child Development Project Officer, Triveniganj, District-Supaul. 7.

Gunja Kumari @ Munni Kumari Wife of Mirtyunjay Kumar, resident of AtTituaha, Ward No.-12, Post-Latauna, P.S.-Triveniganj, Block-Triveniganj, District-Supaul, PIN-852139, .. ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar, Adv., Mr. Pranav Kumar, Adv.

For the State :

Dr. Rasul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 26-09-2024 The instant writ petition has been filed challenging an ex-parte order dated 25th July, 2024, passed by the Divisional Commissioner, Koshi Division, Saharsa, respondent no. 3 in Anganbari Revision Case No. 21 of 2024.

2. It is submitted by the learned Advocate for the petitioner that the opposite party in the said Revision Application did not receive any notice of hearing of the case on 9th July, 2024 or 25th July, 2024, when ex-parte order was passed.

Patna High Court CWJC No.14615 of 2024(2) dt.26-09-2024 2/2

3. It is submitted by the learned Advocate for the respondents that from the record, it appears that notices were issued to both the petitioner and the opposite party, who is the petitioner before this Court, but there is no record to ascertain as to whether the said notice was received by the present petitioner or not.

4. In view of such circumstances, ex-parte order passed by the Divisional Commissioner, Koshi Division, Saharsa on 25th July, 2024 in Revision Case No. 21 of 2024 is set aside.

5. The Divisional Commissioner, Koshi Division, Saharsa, respondent no. 3 is directed to dispose of the said Revision Application, after issuance of fresh notice and ascertaining the fact that the notices were duly served upon both the parties, in presence of parties and after giving opportunity of hearing to them either personally or through their learned Advocates.

6. With the above direction, the instant writ petition is disposed of.

(Bibek Chaudhuri, J) pravinkumar/- U