Anju Kumari, v. The Director, Social Welfare Department,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25809 of 2019 ====================================================== Anju Kumari, Wife of Sri Sharwan Kumar Singh resident of Village Jafra, Post Office Sripur, Police Station- Belaganj, District- Gaya. ... ... Petitioner/s

Versus

1.

The Director, Social Welfare Department, Government of Bihar, Patna. 2.

The District Magistrate, Gaya.

3.

The District Programme Officer, Gaya.

4.

The Child Development Project Officer, Belaganj, District Gaya. 5.

Suman Kumari, Wife of Sri Ranjeet Kumar, resident of Village Jafra, Post Office- Sripur, Police Station- Belaganj, District- Gaya. The Commissioner, Magadh Division, Gaya 6.

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

For the Petitioner/s :

Mr.Prabhas Ranjan For the Respondent/s :

Mr.Prashant Pratap (Gp2) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-02-2020 Counsel for the petitioner is permitted to implead the Commissioner, Magadh Division, Gaya as respondent no.6 to the writ petition in course of the day.

Heard counsel for the petitioner and counsel for the respondents-State.

Petitioner's appeal against the order passed by the District Programme Officer, Gaya dated 17.07.2018 is said to be pending before the District Magistrate, Gaya in Anganbari Appeal no. 29 of 2018.

Counsel for the State submits that in view of new guidelines coming into force on 27.05.2019, the appropriate

Patna High Court CWJC No.25809 of 2019(2) dt.05-02-2020 2/2 authority before whom order of District Programme Officer can be challenged is now the Divisional Commissioner. In view of such submission, petitioner's counsel submits that he would approach Divisional Commissioner ( respondent no.6).

If petitioner approaches respondent no.6 within four weeks then without raising issue of petitioner's claim being barred by delay, respondent no.6 shall dispose it of by reasoned and speaking order after giving opportunity to the party likely to be affected arising out of outcome of such proceedings. Writ petition stands disposed of.

(Madhuresh Prasad, J) s.hassan/- U