IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11213 of 2009 SANGEETA DEVI, WIFE OF SUDHIR RAI, RESIDENT OF VILLAGE ALIPUR MATTA, P.S. MAHNAR, DISTT. VAISHALI AT HAJIPUR---PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA. 2. THE DIRECTOR, I.C.D.S., DEPT. OF WELFARE, BIHAR, PATNA. 3. THE DIVISIONAL COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR. 4. THE DISTRICT MAGISTRATE, VAISHALI, HAJIPUR. 5. DISTT. PROGRAMME OFFICER, VAISHALI, HAJIPUR. 6. THE BLOCK DEVELOPMENT OFFICER, MAHNAR, DISTT. VAISHALI. 7. THE CHILD DEVELOPMENT PROJECT OFFICER, MAHNAR, DISTT. VAISHALI. 8. PANCHAYAT SEWAK MAHNAR, BLOCK MAHNAR, DISTRICT VAISHALI. 9. MUKHIA ALIPUR HATTA PANCHAYAT, VILL. ALIPUR HATTA, P.S. MAHNAR, DIST. VAISHALI. 10. USHA DEVI WIFE OF SURENDRA BAKT, RESIDENT OF VILL. ALIPUR HATTA, P.S. MAHNAR, DISTT. VAISHALI---RESPONDENTS. WITH CWJC No.13804 of 2008 SANGEETA DEVI @ SANGITA KUMARI, WIFE OF SUDHIR RAI, RESIDENT OF VILLAGE ALIPUR MATTA, P.S. MAHNAR, DISTT. VAISHALI AT HAJIPUR---PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA. 2. THE DIRECTOR, I.C.D.S., DEPT. OF WELFARE, BIHAR, PATNA. 3. THE DIVISIONAL COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR. 4. THE DISTRICT MAGISTRATE, VAISHALI, HAJIPUR. 5. DISTT. PROGRAMME OFFICER, VAISHALI, HAJIPUR. 6. THE BLOCK DEVELOPMENT OFFICER, MAHNAR, DISTT. VAISHALI. 7. THE CHILD DEVELOPMENT PROJECT OFFICER, MAHNAR, DISTT. VAISHALI. 8. PANCHAYAT SEWAK MAHNAR, BLOCK MAHNAR, DISTRICT VAISHALI. 9. MUKHIA ALIPUR HATTA PANCHAYAT, VILL. ALIPUR HATTA, P.S. MAHNAR, DIST. VAISHALI. 10. USHA DEVI WIFE OF SURENDRA BAKT, RESIDENT OF VILL. ALIPUR HATTA, P.S. MAHNAR, DISTT. VAISHALI---RESPONDENTS. ----------- 03. 02.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 2.5.2009 passed by the District Magistrate, Vaishali at Hajipur, Annexure-12 whereunder learned District Magistrate has reviewed his earlier order dated 8.1.2008, Annexure-8, whereunder appointment of private respondent no.10 on the post of Anganwari Sewika of Alipur Hatta Centre within Mahnar block in the district of Vaishali has been cancelled. Perusal of order dated 2.5.2009, Annexure-12 indicates that the learned District Magistrate, Vaishali reviewed order dated 8.1.2008 in the light of the directions of this Court contained in the orders dated 18.8.2008 passed in C.W.J.C. No. 11795 of - 2 - 2008, Annexure-10, perusal whereof indicates that thereunder this Court clearly stated that the Court had not gone into the merits of the matter, which shall remain open for consideration by the concerned respondents in his discretion, in its entirety but ignoring such observation of this Court, the learned District Magistrate, Vaishali has reviewed order dated 8.1.2008 under order dated 2.5.2009, Annexure-12 with reference to the order of this Court dated 18.8.2008, which is wholly improper exercise of the jurisdiction by the District Magistrate, Vaishali. 3. As the writ application is being disposed of at the admission stage without notice to private respondent no.10, I direct the petitioner to file appeal/representation against order dated 2.5.2009, Annexure-12 before the Divisional Commissioner, Tirhut, who should consider the same in accordance with law as early as possible, in any case within one month from the date of receipt of the memo of appeal/representation along with a copy of this order before the Divisional Commissioner. It may be stated here that after passing of the original order dated 8.1.2008 petitioner had approached this Court with reference to the said order for a direction to the authorities to consider her case for appointment on the post from which private respondent no.10 was removed and the said writ application bearing No. 13804 of 2008 appears to have become infructuous as the order dated 8.1.2008 on the basis of which the said petition was filed itself has been reviewed. 4. Both the writ applications are, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)