IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20798 of 2011 Usha Kumari Priyadarshi, wife of Sri Suryadeo Paswan, resident of village – Biyabani, P S – Dipnagar, District - Nalanda Versus 1. The State of Bihar. 2. Director, Social Welfare, Government of Bihar, Patna. 3. Collector, Nalanda. 4. District Programme Officer, Nalanda. 5. Child Development Project Officer, Biharsharif, Nalanda. 6. Panchayat Sachiv, Gram Panchayat Raj Biyabani, P S – Dipnagar, District – Nalanda. 7. Mukhia, Gram Panchayat Raj Biyabani, P S – Dipnagar, District – Nalanda. ---------------------------------- 02. 30.11.2011 Against the order of removal of the petitioner passed by the District Programme Officer, Nalanda, petitioner has filed an appeal before the District Magistrate, Nalanda, which has been registered as Misc. (Anganbari) Appeal No. 35 of 2011. The appeal has not been heard till date and is being adjourned from one date to the other for the reasons best known to the District Magistrate. The reason for the petitioner to rush to the Court is the notice which has been issued by the Collectorate to fill up the vacancies caused due to removal of various Anganbari Sevikas. Perusal of Annexure-3 would show that the date fixed for convening the Aam Sabha is between 26th November, 2011 to 2nd December, 2011. A categorical affidavit has been filed on behalf of the petitioner stating that no Aam Sabha has been held till date and if the Aam Sabha is held and selection made, it is going to create prejudice against the interest of petitioner in case she 2 succeeds at the appeal stage. In the totality of the facts and circumstances, writ is disposed of with a direction upon the District Magistrate, Nalanda either to expedite the hearing of the appeal before the Aam Sabha is held or else pass appropriate direction with regard to convening of the Aam Sabha so that no third party rights are created during the pendency of the appeal. Early adjudication in the matter would be in the interest of administration. Writ is disposed of with above direction. rkp ( Ajay Kumar Tripathi, J.)