IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9116 of 2007 BABITA DEVI Wife of Sri Pragati Kumar Resident of village Aoliya Chak P.O. Rupsa P.S. Rajoun, District Banka. Versus 1.THE STATE OF BIHAR 2.The Secretary Cum Commissioner Welfare Department of Government of bihar Patna. 3.The Director Welfare Department Government of Bihar, Patna. 4.The Commissioner Bhagalpur Division, Bhagalpur. 5.The Collector Banka, District Banka. 6.The District Welfare Officer Banka, District Banka. 7.The Child Development Project Officer (C.D.P.O.) Rajoun Block District Banka. 8.The Supervisor Child Development Project Rajoun Block District Banka. 9.The Block Development officer Rajoun District banka. 10.The Mukhiya Gram Panchayat Majhagar Darpa P.S. Rajoun District Banka. 11.The Secretary Gram Panchayat maghgaon Darpa P.S. Rajoun District Banka. ----------- 2 27/11/2009 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “That this is an application for issuance of a writ in the nature of Mandamus commanding the concerned respondents to allow the petitioner to work as an Angan Bari sevika of Angabari Centre- Chakolia Rajpur of Maghagaon Darpa Gram Panchayat within Rajour Prakhand, District Banka, who was duly selected by the Aam Sabha held on 17.5.07 for the purpose of the appointment of Sevika in accordance with the guideline issued by the State Government further for direction to restrain the authority to not act upon the claim of any peson who did not participate at the 2 relevant time and made her claim after the completion of appointment process as the same has no basis to be entertained and further for direction for all benefits flowing from the lawful selection of the petitioner.’’ Mr. Ranjan Kumar Jha, learned counsel for the petitioner however at the out set would submit that during pendency of this writ application some one else has been appointed by ignoring the case of the petitioner. In the opinion of this Court, that would be the petitioner’s fresh cause of action and therefore if the petitioner raises the same before the Collector of the district by filing a fresh representation, the same will be looked into in the light of the materials produced by the petitioner. The Collector of the district, however, in course of such enquiry and before passing of final order would extend an opportunity of hearing to the petitioner, newly appointed Anganbari Sevika against whom the petitioner has grievance of her not being selected and appointed as also the representative of the Gram panchayat and pass order within a period of six months from the date of receipt of such representation in keeping with the circular issued by the State Government on this subject. With the aforementioned observation/direction this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)