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Patna High CourtCWJC/1007/2023dismissed

Baby Kumari v. The State Of Bihar

2023-05-02Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1007 of 2023 ====================================================== Baby Kumari Wife of Late Anur Prasad, D/o Sri Rajesh Verma Resident of Village- Dihuri, P.O.- Dona, P.S.- Hisua, District- Nawada. ... ... Petitioner/s

Versus

1.

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

2.

The Director Integrated Child Development Services, Bihar, Patna. 3.

The District Magistrate-cum-Collector, Nawada. 4.

The District Education Officer, Nawada.

5.

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

The Block Development Officer, Hisua, District- Nawada. 7.

The Child Development Project Officer, Hisua, Nawada. 8.

The Block Education Officer, Hisua, Nawada.

9.

The Circle Officer, Hisua, Nawada.

10.

Nima Kumari, W/o Jairam Kumar Resident of Village- Dihuri, P.O.- Dona, P.S.- Hisua, District- Nawada.

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

For the Petitioner/s :

Mr.Dhirendra Singh, Advocate For the Respondent/s :

Mr.Abhishek Singh, GA 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-05-2023 Learned counsel for the State has raised an objection saying that the petitioner has an alternative remedy of appeal before the District Magistrate which she has not availed. At this stage, learned counsel for the petitioner seeks permission to withdraw this writ application with liberty to the petitioner to file an appeal before the District Magistrate, Nawada within a period of 30 days from today. Permission is granted.

Patna High Court CWJC No.1007 of 2023(2) dt.02-05-2023 2/2 This writ application is dismissed as withdrawn with liberty as prayed for.

If the petitioner prefers an appeal within the aforesaid period, the same shall be considered on it's own merit and the question of limitation, if any arises in course of consideration of the appeal, the same will be considered keeping in view that the petitioner was pursuing her remedy before this Court under some bonafide beliefs.

(Rajeev Ranjan Prasad, J) Rajeev/- U