IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5034 of 2005 SMT.SANGEETA KUMARI wife of Choudhary Sachidanand Badal @ Birmani Choudhary, resident of village-Basak Saidi, p.O. panchayat mai Farida, P.S. Rahui, District Nalanda. Versus 1.THE STATE OF BIHAR, through the Secretary Social Welfare Department,Government of Bihar, Patna. 2.The Collector, District Nalanda, Nalanda at Biharsharif. 3.The Director, (I.C.D.S.) Integrated Child Development Scheme, Bihar, Patna. 4.The District Welfare Officer, Nalanda at Biharsharif. 5.The Child Development Project Officer (C.D.P.O.) Sadar block, Biharsharif. 6.The Child Development Project Officer (C.D.P.O.) P.S/Block Rahui, Disrict nalanda. 7.Shri Vijay Singh, Mukhiya, Gram Panchayat mai Farida, Block+P.S. Rahui, District-Nalanda. 8.Smt. Subhadra kumari wife of Manoj Kumar Yadav, resident of village Saidalli, p.O. Mai Farida, p.S. Rahui, District nalanda. ----------- 3 12/11/2009 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner initially made in this writ application reads as follows:- “That this is an application for issuance of a proper writ/writs, order/orders, direction/directions to the respondents canceling the appointment of Respondent no.8 as Angan Bari Sevika, Angar Bari Kendra, Basak saidi,Gram panchayat mai Farida, P.S. Rahui, District-Nalanda, Bihar. The petitioner futher seeks direction from this Hon’ble Court to the respondents no. 1 to 7 to appoint the petitioner as Angan Bari Sevika of the aforesaid Basak Saidi Aangan bari Kendra restraining the respondent no.8 from working as Angan Bari Sevika, of Basak Saidi Aangan Bari Kendra.” Counsel for the petitioner, in the light of the stand taken 2 in the counter affidavit annexing fresh resolution of the Gram Sabha dated 16.12.2004, would ultimately submit that as the meeting in question was held at the instance of the C.D.P.O. against whom the petitioner had already filed an application before the Collector of the district and this resolution seeks to annul her earlier selection dated 16.11.2004 as contained in Annexure-C, the petitioner may be given liberty to assail the correctness of Annexure-C to the counter affidavit. In the opinion of this Court, as the cause of action for filing such representation to the Collector of the district was available even on 16.12.2004, her filing of this writ application on 21.4.2005 without exhausting alternative remedy was itself misconceived. In that view of the matter, this writ application is permitted to be withdrawn with a liberty to the petitioner to file a compact representation highlighting her entire grievances that she has either for her selection and appointment in place of private respondent no.8 Smt. Subhadra Kumari or any anamoly in such appointment of Respondent no. 8. In the event such a representation is filed, the Collector of the district, having called for an on perusal of the relevant records of the Gram Panchayat as also having given opportunity of hearing to the petitioner and respondent no.8 Smt. Subhadra Kumari, will pass a reasoned order in accordance with law preferably within a period of six months from the date of receipt of such representation along with a copy of this order. With the aforementioned observation/direction this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)