IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3346 of 2010 1. BIBI NISHAT PARWEEN W/O QAISAR ALAM R/O VILL. & P.O.- BATURBARI, P.S.- TARABARI, DISTT.- ARARIA Versus 1. THE STATE OF BIHAR THROUGH WELFARE SECRETARY BIHAR, PATNA 2. THE DISTRICT MAGISTRATE ARARIA, DISTT.- ARARIA 3. THE DISTRICT WELFARE OFFICER ARARIA, DISTT.- ARARIA 4. THE CHIEF DEVELOPMENT PROJECT OFFICER ARARIA, DISTT.- ARARIA 5. THE MUKHIYA, GRAM PANCHAYAT BALURBARI, P.S.- TARABARI, DISTT.- ARARIA 6. BIBI TABASSUM ARA W/O MD. ASHAQUE R/O VILL.- BALURBARI, TOLA BABHANBITTA, P.O.- BALUBARI, P.S.- TARABARI, DISTT.- ARARIA ----------- 2/ 13/09/2010 Learned counsel for the petitioner seeks leave to withdraw the application to pursue the appropriate authorities. The petitioner questions the appointment of respondent No.6 as an Angan Bari Sevika by order dated 24.9.2007. She claims to have represented before the Child Development Project Officer on 13.9.2008. Learned counsel for the petitioner therefore submits that the District Magistrate, who is the authority competent, may be directed to dispose off the representation dated 13.9.2008. Learned counsel for the State rightly points out that even the representation before the Child Development Project Officer has been filed nearly one year later and the writ petition has been filed nearly one year and three months later. During this duration the newly appointed person has continued to work and it - 2 - shall not be in the interest of justice to unsettle matters now. Delay is one aspect of the matter. An illegal appointment made is another. Both cannot co-exist. If the petitioner files an application before the District Magistrate within 30 days from today enclosing proof of having submitted an application before the Child Development Project Officer on 13.9.2008, only in that event is the District Magistrate required to decide issues of the legality of the appointment of respondent No.6 after due opportunity to the said respondent and after hearing her pass a reasoned and speaking order on all aspects including that of delay within a maximum period of three months from the date of receipt/presentation of a copy of this order. The writ application is dismissed as withdrawn with the liberty as aforesaid. KC ( Navin Sinha, J.)