High Court Patna High Court - Orders

Annu Devi vs The State Of Bihar &Amp; Ors on 25 November, 2010

Patna High Court – Orders
Annu Devi vs The State Of Bihar &Amp; Ors on 25 November, 2010
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CWJC No.5328 of 2010
          1. ANNU DEVI W/O AJAY KUMAR, R/O VILLAGE, NANOSATI
          RAMNAGAR BANKAT, P.S - MAJHAULIYA , DISTRICT- WEST
          CHAMPARAN.
                              Versus
          1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY,
          BIHAR PATNA
          2. THE DISTRICT MAGISTRATE CUM COLLECTOR      DISTRICT -
          WEST CHAMPARAN.
          3. THE DISTRICT PROGRAMMING OFFICER, DISTRICT - WEST
          CHAMPARAN.
          4. THE CHILD DEVELOPMENT PROJECT OFFICER, MAJHAULIYA,
          DISTRICT - WEST CHAMPARAN.
          5. THE MUKHIYA, GRAM PANCHAYAT RAJ, RAMNAGAR BANKAT,
          BLOCK MAJHAULIYA, DISTRICT - WEST CHAMPARAN.
          6. THE PANCHAYAT SECRETARY, GRAN PANCHAYAT RAJ,
          RAMNAGAR BANKAT,      BLOCK MAJHAULIYA, DISTRICT - WEST
          CHAMPARAN.
          7. SAVITRI DEVI W/O MUKESH KUMAR R/O VILLAGE- NANOSATI
          GRAM PANCHAYAT RAMNAGAR BANKAT, P.S-MAJHAULIYA,
          DISTRICT- WEST CHAMPARAN
                               -----------

02. 25.11.2010 Heard learned counsel for the petitioner and

learned counsel for the State.

The petitioner questions the appointment of

respondent no.7 as Anganwari Sewika at Centre No.

119 in Gram Panchayat Raj, Ram Nagar Bankat, P.S.-

Manjhauliya, West Champaran.

The District Magistrate is the authority

competent to enquire into such matters. From the

counter affidavit of the respondents at page-7,

paragraph-11 (the numbering appears to be wrong) a

clear statement has been made that the Mukhiya

Gram Panchayat, Ram Nagar Bankat has sent his

report for termination of respondent no.7 and which is
2

under consideration. If the respondents are already

seized of the issue, there is no occasion for the Court

to proceed with the matter any further at this stage.

Let the District Magistrate pass final appropriate

orders on the issue of appointment of respondent no.7

vis-à-vis the petitioner in light of their own stand in the

counter affidavit within a maximum period of three

months from the date of receipt/production of a copy

of this order before the District Magistrate. It is

expected that he shall afford due hearing to the

petitioner and respondent no.7 along with others

concerned. Appeal at the behest of the aggrieved shall

lie before the Commissioner.

The application stands disposed.

P.K.                                        ( Navin Sinha, J.)