IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15894 of 2004 SULEKHA DEVI w/o Shri Hira Lal Mandal, resident of village-pania, P.S. Barahat, block bounsi, District- Banka. Versus 1.THE STATE OF BIHAR 2.The Director, Social Welfare Department, Government of Bihar, Patna. 3.The Collector, Banka. 4.The Deputy Development Commissioner, Banka. 5.The Child Development Project officer, Bounsi, Banka. 6.The Block Development Officer, Bounsi, (Banka). 7.Sarita kumari, wife of Brahmdeo Pandit, resident of village-Pania, P.S. Barahat, District-Banka. ----------- 3 9/11/2009 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 appropriate writ or writs, direction or directions the respondent authorities to consider the case of the petitioner for appointment to the post of Anganbari Sevika by setting aside/terminating the services of Respondent no.7 who has been appointed/selected in contravention of the letter issued by the Directorate Social Welfare Department of Welfare, Government of Bihar as contained in Annexures-2 and 3 and to conduct an enquiry of selection procedure of Respondent no.7 or pass such other consequential writ or writs under the facts and circumstances of the case.” From the statement of the petitioner in paragraph 11 of the writ application it appears that with regard to aforementioned proceeding in relation to selection and appointment of respondent no.7 in violation of the government circular, the petitioner had already filed a representation to the Collector of the district on 8.12.2004 but the 2 same having been not disposed of this writ application was filed on 16.12.2004. In the opinion of this Court, once the petitioner had availed an alternative remedy in accordance with the government circular she had to wait for some time before rushing to this Court by filing this case. It has been found as a matter of practice that once the matter becomes subjudice before a Court of law the authority do not proceed with the matter till disposal of the case. That being so, this Court would give liberty to the petitioner to file a fresh representation enclosing also a copy of earlier representation dated 8.11.2004 before the Collector, Banka district, along with a copy of this order before the present Collector, who will be under obligation to verify as to whether such representation dated 8.11.2004 was served in his office or not. In the event he would find that the representation of the petitioner dated 8.11.2004 was received and yet no decision has been taken till date, he will pass an appropriate order after hearing both the petitioner as also respondent no.7 apart from the representatives of the Gram Panchayat in question within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar 3