IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11479 of 2009 MANJU KUMARI @ MANJU DEVI, WIFE OF BHOLA PRASAD R/O VILL.-HARIHAR BIGHA JHARAIN UNDER GRAM PANCHYAT LOHARPURA P.S. + BLOCK+ DIST. NAWADA----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, NAWADA. 3. THE DISTRICT PROGRAMME OFFICER, NAWADA. 4. THE CHILD DEVELOPMENT PROJECT OFFICER, NAWADA BLOCK, NAWADA. 5. THE BLOCK DEVELOPMENT OFFICER, NAWADA BLOCK, NAWADA. 6. THE MUKHIA GRAM PANCHYAT LOHARPURA, NAWADA BLOCK, NAWADA--- RESPONDENTS. ----------- 02. 04.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 23.6.2009 passed by the District Magistrate, Nawada in Case No. 82(M) of 2009, Annexure-3 whereunder learned District Magistrate has set aside the order bearing Memo No. 827 dated 22.12.2008, Annexure-2 passed by the District Programme Officer, Nawada cancelling the appointment of Babita Kumari on the post of Anganwari Sewika of Harihar Bigha Jharain centre, against which Babita Kumari has filed appeal before the District Magistrate, Nawada, who without notice to the petitioner at whose instance order bearing Memo No. 827 dated 22.12.2008, Annexure-2 passed by the District Programme Officer, Nawada proceeded to set aside the order dated 22.12.2008. 3. It is submitted on behalf of the petitioner that had the District Magistrate, Nawada heard the petitioner before passing order dated 23.6.2009, the occasion to set aside order dated 22.12.2008, Annexure-2 may not have arisen at all. 4. Let the petitioner highlight the aforesaid submission before the District Magistrate, Nawada by filing application for recall of the order dated 23.6.2009 passed by the District Magistrate, - 2 - Nawada who should verify from the records whether petitioner was heard before order dated 23.6.2009 was passed and if it is true that petitioner was not heard before order dated 23.6.2009 was passed then the learned District Magistrate should issue notice to Babita Kumari and after hearing the petitioner and Babita Kumari the District Magistrate should recall order dated 23.6.2009 and again hear the matter and pass appropriate order in accordance with law as early as possible, in any case within three months from the date of receipt of the memo of appeal/representation along with a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)