Patna High Court
Lakshmi Prasad @ Laxmi Prasad vs The State Of Bihar on 10 January, 2025
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11994 of 2024
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Lakshmi Prasad @ Laxmi Prasad son of Ramjee Sahu, Resident of Ward No.
37, Pokharia, Chitragupta Nagar, Police Station Begusarai Town and District-
Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Social Welfare Department, Patna.
2. The Secretary, Social Welfare Department cum the Chairman State Child
Protection Society, Bihar, Patna.
3. The Director, Social Welfare cum Deputy Chairman, the State Child
Protection Society, Bihar, Patna.
4. The District Magistrate, Begusarai.
5. The District Magistrate, Jamui.
6. The Chairman, Child Welfare Committee, Begusarai.
7. The Assistant Director, District Child Protection Unit, Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh, Advocate
For the Respondent/s : Mr. P.K. Shahi, Advocate General
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-01-2025 The above writ petition is filed to restrain the respondents from shifting the children's home at Begusarai to Jamui. The only contention taken is that it was a unilateral decision. On a reading of the writ petition there is nothing indicated therein as to how the shifting of the children's home would affect the beneficiaries, the children housed in the home.
2. A counter affidavit has been filed by the Deputy Director, Social Welfare Department. Relying on the provisions Patna High Court CWJC No.11994 of 2024 dt.10-01-2025 2/2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for brevity 'Act of 2015'), it is stated that only considering the unhygienic and deplorable condition in which the children's home was carried out, the shift was necessitated for providing better facilities and environment to the inmates. A new, initiative named the Vrihad Ashray Grih has been instituted and constructions carried out in different districts at a cost of Rs. 29.71 crores. The new initiative is of the Bihar Government for the betterment of the children residing in child care homes. It is also pertinent that the children's home can be established only after getting certification from the authority under the Act of 2015.
3. We find absolutely no reason to entertain the writ petition and dismiss the same.
4. The writ petition stands dismissed.
(K. Vinod Chandran, CJ) (Partha Sarthy, J) Anushka/-
AFR/NAFR CAV DATE Uploading Date 15.01.2025 Transmission Date