IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20009 of 2011 Kumari Priyadarshi, Wife of Sri Sanjai Kumar, R/O Village Biyabani, P.S. Dipanagar, District Nalanda. Versus 1. The State of Bihar. 2. Director, Social Welfare, Government of Bihar, Patna. 3. Collector, Nalanda. 4. District Programme Officer, Nalanda. 5. Child Development Project Officer, Biharsharif, Nalanda. 6. Panchayat Sachiv, Gram Panchayat Raj Biyabani, P.S. Dipnagar, Dist. Nalanda. 7. Mukhiya, Gram Panchayat Raj Biyabani, P.S. Dipanagar, Dist. Nalanda. ----------- 02. 22.11.2011 Since a date for convening the Aamsabha on 26.11.2011 has already been fixed to fill up the vacancy caused by removal of the petitioner from the post of Anganbari Sevika and the appeal of the petitioner has not been decided as yet by the District Magistrate, Nalanda at Biharsharif, then an anomalous situation would arise in case the petitioner succeeds in her appeal and a third party right is created. Counsel for the petitioner informs the Court that the District Magistrate has refused to pass any stay order in the appeal which has created some kind of urgency for expediting early hearing of the appeal and adjudication. The Court is of the opinion that it is not an unfair prayer which is being made by the petitioner in the present case. Writ is disposed of with a direction upon the District Magistrate, Nalanda at Biharsharif that on presentation of a copy of this order he shall either pass some kind of order of protection in favour of the petitioner, if adjudication of the 2 appeal is likely to take some time or direct the concerned authority to defer convening of the Aamsabha to a suitable time frame. Writ stands disposed of with above observation. rkp ( Ajay Kumar Tripathi, J.)