IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5959 of 2009 KUMARI KAMINI, WIFE OF SRI SASHIBHUSAN MISHRA, DAUGHTER OF UMA KANT JHA, RESIDENT OF VILLAGE-SERANCHAK, UNDER GRAMPANCHAYAT-LAKHMINIA-3, POST-LAKHMINIA, P.S. & BLOCK-BALIA, DISTRICT-BEGUSARI. …………………………………………… PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, I.C.D.S. DEPARTMENT OF SOCIAL WELFARE, PATNA. 4. THE DISTRICT MAGISTRATE BEGUSARI. 5. THE DISTRICT PANCHAYAT RAJ OFFICER, BEGUSARI. 6. THE DISTRICT WELFARE OFFICER, BEGUSARI. 7. THE BLOCK DEVELOPMENT OFFICER, BALIA, DISTRICT- BEGUSARI. 8. THE CHILD DEVELOPMENT PROJECT OFFICER, BALIA, DIST.- BEGUSARI 9. THE MUKHIYA/SECRETARY LAKHMINIA-3, GRAM PANCHAYAT POLICE STATION & BLOCK-BALIA, DISTRICT-BEGUSARI. 10. SMT. SHILA WIFE OF UMASANKAR PRASAD, RESIDENT OF VILLAGE-SERANCHAK, GRAM PANCHAYAT & P.O.-LAKHMINIA-3, P.S.& BLOCK-BALIA, DISTRICT-BEGUSARI. ……………………………………… RESPONDENTS ----------- 2 12.5.2009 Heard counsel for the petitioner and counsel for the State. On the own showing of the petitioner, an order passed by the Collector of the district as with regard to the service conditions of an Angan Bari Sevika is to be made subject matter of appeal before the Commissioner of the Division. The petitioner admits that he has not filed any appeal and has directly moved this Court. That being so, this Court must hold the 2 writ petition to be not maintainable. At this stage, counsel for the petitioner would seek permission to withdraw this application in order to enable the petitioner to file an appeal before the Commissioner. Such prayer is allowed with a liberty to the petitioner to approach the appellate authority, the Commissioner of the Munger Division by filing an appeal, who is expected to pass a final order in appeal expeditiously preferably within a period of six months from the date of filing of such appeal by the petitioner. It is however made clear that before passing the appellate order, the Commissioner must hear all the concerned parties including the respondent no.10 whose right is being sought to be questioned by the petitioner in the appeal. Subject to the aforesaid observations, this writ application is dismissed as withdrawn. Rsh (Mihir Kumar Jha, J.)