The court disposed of the writ petition, holding that the petitioner should avail the alternative remedy under the 2019 guidelines before the Divisional Commissioner against the impugned order of the District Magistrate.
The writ application need not be kept pending; petitioner to approach Divisional Commissioner under 2019 guidelines.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1396 of 2022
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Priti Kumari, female, aged about 23 years, Wife of Ashok Kumar Resident of Village- Rouna Tola Dallibigaha, Post-Rauna, P.S.- Belaganj, District- Gaya, PIN-804404.
... ... Petitioner
... ... Respondents
====================================================== Appearance : For the Petitioner : Mr. Shambhu Nath, Adv. For the State : Md. Raisul Haque, SC-10 ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 23-09-2022 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing.
The learned petitioner’s counsel after some arguments, regarding the order of the Appellate Authority being not in accordance with law, submits that petitioner would be availing the remedy under the 2019 guidelines before the Divisional Commissioner for assailing the order dated 29.12.2021 passed by the District Magistrate, Gaya, in
Patna High Court CWJC No.1396 of 2022(2) dt.23-09-2022 2/2
Aganwari Appeal No. 26 of 2018, as contained in Annexure -10 to the writ petition.
In view of the aforesaid submission, writ application need not be kept pending. The same is disposed of. If the petitioner prefers the Revision, under the 2019 guidelines, needless to say, the Authority would be required to consider the same, expeditiously, in accordance with law.
(Madhuresh Prasad, J)
shyambihari/-
U
1 issue framed by the court
Whether the writ petition should be kept pending for the petitioner to avail the remedy under the 2019 guidelines.
Priti Kumari
The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna
The District Magistrate, Gaya
Smt. Basanti Kumari
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
