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Patna High CourtCWJC/2324/2020disposed

Barkha Kumari v. The State Of Bihar

2023-11-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2324 of 2020 ====================================================== Barkha Kumari W/o Shardanand Prasad Resident of Shivaji Colony, Ram Chandrapur, Ward No. 22, P.s.- Lehari, Distt.- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate-cum-Collector Nalanda 3.

The District Programme Officer District Programme Branch, I.C.D.S., Distt.- Nalanda 4.

The Child Development Project Officer Biharsharif, Sadar, Distt.- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Adv For the Respondent/s :

Mr.Prashant Pratap (Gp2) Mr. Asit Kumar Jha, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-11-2023 Counsel for the petitioner and counsel for the State is present.

2. The present writ petition has been filed for quashing of the order 05.01.2019 passed by the District Programme Officer, Nalanda contained in Memo No. 52 dated 05.01.2019 by which selection of petitioner as Anganwari Sevika at Centre No. 159 Shivaji Colony Ward No. 22 was cancelled.

3. Counsel for the respondent submits that the said order was passed by the District Programme Officer, Nalanda was a well reasoned order and it has been challenged before the Appellate Authority.

Patna High Court CWJC No.2324 of 2020(6) dt.30-11-2023 2/2

4. Counsel for State further submits that from the pleading of the petitioner itself, it is clear that appeal against the said order is pending before the District Magistrate-cumCollector, Nalanda. As such, this writ petition is not maintainable.

5. Accordingly, this writ petition is dismissed as not maintainable. It is hereby directed to the District Magistratecum-Collector, Nalanda that he shall pass final order in this appeal within two months from the date of production of this order.

(Dr. Anshuman, J) Sunnykr/- U