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2025 DAILYLAW 79706 (PAT)

Kiran Kumari v. The State of Bihar

CWJC/17235/2023 · 2025-09-16

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17235 of 2023 ====================================================== Kiran Kumari W/o Manoj Kumar Resident of Village- Hanuman Nagar, Gram Panchayat- Laxman Nagar, Block and P.S- Gaighat, District- Muzaffarpur. ... ... Petitioner/s Versus 1. The State of Bihar Through The District Magistrate, Muzaffarpur. 2. The Collector-Cum- District Magistrate, Muzaffarpur. 3. The District Programme Officer (I.C.D.S.) Muzaffarpur. 4. The Sub-Divisional Officer, East, Muzaffarpur. 5. The Block Development Officer, Gaighat, Muzaffarpur. 6. The Child Development Project Officer, Gaighat, Muzaffarpur. 7. Lady Supervisor, Child Development Project Office, Gaighat, Muzaffarpur. 8. Punam Kumari, W/O Kamal Deo Rai, resident of Village- Hanuman Nagar, Ward No.-5, Gram Panchayat- Laxman Nagar, Block and P.S.- Gaighat, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Shekhar Anand For the Respondent/s : Mr. S.K. Mandal ( Sc 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 16-09-2025 Heard the learned counsel for the petitioner and learned counsel for the State. 2. The present writ application has been filed on behalf of the petitioner for the following reliefs:- (a) For issuance of writ/writs, direction/directions, order/orders, directing the respondent no.- 2 to hear the case of the petitioner afresh by setting aside the order dated 11.04.2023, passed in ICDS Appeal No.- 17/20-21, by which and where under the Learned Collector -cum- District Magistrate, Muzaffarpur has been pleased Patna High Court CWJC No.17235 of 2023(2) dt.16-09-2025 2/3 to permitted the respondent no.-8 to withdraw her case and accordingly the Learned Court has closed the proceeding of the case of the petitioner also. (b) For issuance of writ/writs, direction/directions, order/orders commanding the respondents to pass an speaking order on the case of the petitioner after perusing the records of her case. (c) For direction/directions, order/orders to the respondents to stay the functioning of the respondent no.-8 on the post of Anganbari Sevika, Center No. 240, Ward No.-5, Gram Panchayt- Laxman Nagar, Block- Gaighat, District- Muzaffarpur till further order of the Collector -cum-District Magistrate, Muzaffarpur. 3. The petitioner and the respondent had filed appeals before the Collector-cum-District Magistrate, Muzaffarpur. 4. The respondent no. 8 namely Punam Kumari had filed ICDS Appeal No. 17/20-21 and the petitioner namely Kiran Kumari had filed ICDS Appeal Case No. 02-2021-2022 and both the appeals were clubbed together by the District Magistrate, Muzaffarpur. Thereafter, Punam Kumari had filed an application for withdrawal of the case but the District Magistrate, Muzaffarpur has disposed for both the cases without any order on merits. 5. In these circumstances, this application is allowed Patna High Court CWJC No.17235 of 2023(2) dt.16-09-2025 3/3 and accordingly, the order dated 11.04.2023 passed in ICDS Appeal No. 17/20-21 is hereby set aside. 6. The matter is remitted back to the District Magistrate, Muzaffarpur with a direction to him to hear the ICDS Appeal Case No. 02-2021-2022 afresh and the same shall be disposed of within two months from the date of receipt/communication of a copy of this order. 7. It is made clear that the aforesaid appeal should be decided by the District Magistrate, Muzaffarpur by hearing the respondent no. 8 also and a reasoned order shall be passed. Vikas/- (Sandeep Kumar, J) U