Lakshmi Prasad @ Laxmi Prasad vs The State Of Bihar
2025 Latest Caselaw 1082 Patna

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
     ======================================================
     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
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Satish Kumar Singh, Advocate
     For the Respondent/s   :       Mr. P.K. Shahi, Advocate General
     ======================================================
     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

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