Patna High Court
Anshu DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court directed the Collector, Saharsa, to pass an order on Anganbadi Appeal No. 8/2023 within 60 days, thereby disposing of the writ petition.
Summary
Anshu Devi filed a writ petition before the Patna High Court seeking direction to the Collector of Saharsa to decide Anganbadi Appeal No. 8 of 2023, which remained pending. The petitioner argued that the court record showed a defect for not attaching the appeal documents, but the appeal itself was still unresolved. The State contended that the defect was procedural and the appeal was pending before the Collector. The Court noted the pending statutory appeal and, without addressing its merits, ordered the Collector to pass an order on the appeal within 60 days if it had not already been disposed of. The writ petition was therefore disposed by directing the respondent to act on the pending appeal.
Issues considered
- Whether the High Court can direct the Collector to decide a pending statutory Anganbadi appeal despite a procedural defect in the petition record
Subjects
- writ petition
- statutory appeal
- Anganbadi
- ICDS
- administrative direction
- procedural defect
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.704 of 2026
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Anshu Devi Wife of Akhilesh Yadav, resident of Ward No.5 Bakuniya, P.S.-
Nauhatta, District-Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Social Welfare Department,
Government of Bihar, Patna.
2. The Director, I.C.D.S., Social Welfare Department, Government of Bihar,
Patna.
3. The Commissioner, Koshi Division, Saharsa.
4. The District Magistrate, Saharsa.
5. The District Programme Officer, ICDS, Saharsa.
6. The C.D.P.O., Nauhatta, District- Saharsa.
7. Geeta Kumari, Wife of Jaiprakash Yadav, resident of Village- Bakuniya,
Ward No.5, P.S. and Anchal- Nauhatta, District- Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
For the Respondent/s : Mr. Government Pleader (19)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 02-02-2026
Heard learned Counsel for the petitioner and
learned Counsel for the State.
2. Learned Counsel for the petitioner submits
that case has been listed under the heading ‘on office notes’ in
which defect has been pointed out to provide a copy of
Anganbari Appeal No. 8 of 2023 along with the relevant
documents of appeal. Counsel for the petitioners submits that
upon discussion with the client in this regard, it has been
Patna High Court CWJC No.704 of 2026 dt.02-02-2026
2/2
intimated that Anganbari Appeal No.8/2023 is still pending
before the Collector, Saharsa.
3. In this background, Counsel for the petitioner
submits that the present writ petition may be disposed off
directing the Collector, Saharsa, to pass order in the Anganbari
Appeal No.8/2023.
4. This Court is aware that defect has been
pointed out under the office notes’, but it is also true, as per the
submission, that statutory appeal is still pending since 2023.
Therefore, this Court without entering into the merit and
demerit, dispose off the writ petition directing respondent No.4
to pass order on Anganbari Appeal No.8/2023, if not disposed
off till date, within 60 days.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.02.2026
Transmission Date
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