Sulekha Bharti v. The State Of Bihar, Through The D. M. Nalanda And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.205 of 2018 In Civil Writ Jurisdiction Case No.9027 of 2017 ====================================================== Silekha Bharti Wife of Rajeev Kumar Resident of Chak Khirauti, Panchayat Dhurgawn (Ekangar Sarai), P.O.+ P.S.- Ekangar Sarai, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Nalanda. 2.

Mr. Dr. Tyag Rajan S.M. The District Magistrate, Nalanda. 3.

Mr. Dineshwar Mishra, The District Programme Officer, Nalanda. 4.

Mr. Vimal Thakur, The District Education Officer, Nalanda. 5.

Mr. Manoj Kumar Pandit, The Block Development Officer, Ekangar Sarai, Nalanda. 6.

Mr. Balmiki Singh, The Panchayat Secretary, Dhurgwan Gram Panchayat, Ekanger Sarai (Nalanda).

7.

Mrs. Sanju Devi, The Mukhiya, Dhurgwan Gram Panchayat Ekangar Sarai, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar, Adv.

For the Respondent/s :

Mr. PUSHKAR NARAYAN SHAHI - AAG 6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 12-03-2018 Inter alia contending that an order passed on 19.7.2017 has not been complied with, this application has been filed for initiating action for contempt.

Taking note of the grievance of the petitioner in the matter of establishment of an Anganwari Centre in the district in question, C.W.J.C. No. 9027 of 2017 was disposed of on 19.7.2017 with an innocuous order that on a certified copy of the order and copy of the representation being served on Respondent No.2, the District Magistrate, Patna, Respondent No. 2 shall look into the grievance of the petitioner. It is contended that in spite of service of

Patna High Court MJC No.205 of 2018 dt.12-03-2018 2/2 order and the representation vide Annexure-1 the District Magistrate, Patna has not taken any action.

On a perusal of the record and the pleadings, we find that there is no proof with regard to tendering or service of the certified copy of the order and the representation to the District Magistrate. In the absence of there being proof of service of the certified copy of the order and the representation, we are not inclined to initiate action for contempt against the officer. In case the petitioner serves a certified copy of the order or a photo copy of the same along with relevant documents now within a period of one months, the District Magistrate, Patna shall proceed to take action in the matter within a period of one month of its representation.

With the aforesaid observations and directions, this application is disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 15.03.2018 Transmission Date