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Patna High CourtCWJC/19426/2018disposed

Ramwati Devi @ Ramwanti Devi v. The State Of Bihar And ORS

2024-10-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19426 of 2018 ====================================================== Ramwati Devi @ Ramwanti Devi W/o Subhkant Paswan, resident of VillageKumarganj Ser, P.S. Biroul, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, ICDS, Social Welfare Department, Patna 2.

The Director, Social Welfare Department, Govt. of Bihar, Patna. 3.

The District Officer/ Collector, Darbhanga.

4.

The District Programme Officer, Darbhanga.

5.

The Child Development Project Officer, Block- Baheri, District- Darbhanga. 6.

Mukhiya of the Gram Panchayat, Habidih South Under Block Baheri District Darbhanga.

7.

Srimati Durmil Devi, W/o Lakshman Paswan, resident of VillageKumarganj, P.O. Habidih, P.S. Baheri, District- Darbhanga. 8.

Smt. Rina Devi, Sevika of Anganbari Centre No. 44, Kumarganj, Simra under Block Baheri, District- Darbhanga 9.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pradeep Kumar Singh, Adv.

For the State :

Mr. Sunil Kumar Mandal (SC-3) Mr. Bipin Kumar (AC to SC-3) For the BSSB :

Mr. Ram Niwas Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-10-2024 Heard Learned Counsel for the petitioner, Learned Counsel for the State and Learned Counsel for Bihar Sanskrit Shiksha Board.

2. The present writ petition has been filed for the following relief/s:- "I. For quashing of the order dated 16.03.2018 in Anganwadi Case No.152 of 2015 passed by the District Magistrate-cum-Collector, Darbhanga (annexed as Annexure-4) and further to appoint the petitioner on the post of

Patna High Court CWJC No.19426 of 2018(3) dt.07-10-2024 2/3 Anganwadi Sevika at Center No.261 Kunwarganj, Paswan Tola, PanchayatHabidih South of Block Bheri, DistrictDarbhanga. II. For quashing of the order dated 29.06.2018 contained in Letter No.914 passed by the District Programme Officer, Darbhanga and release the contractual amount to the petitioner during this period.

III. To confirm the order dated 09.01.2015 passed by the District Programme Officer (respondent no.4) passed in Anganwadi Case No.106/2013-14"

3. Learned Counsel for the petitioner fairly submits that grievance of the petitioner initially at the time of filing the writ petition was against Smt. Durmil Devi who is now no more and at her place, fresh appointment of Anganwadi Sevika has been made and fresh appointee namely Ms. Sakshi Priya has not been added as party in the present writ petition. Counsel submits that the order of the District Programme Officer, Darbhanga was in petitioner's favour, but it is the Collector's order which has been passed against her.

4. Since, during the pendency of the writ petition, the right has been created in favour of the 3rd party, therefore, passing any order in favour of the petitioner without hearing the

Patna High Court CWJC No.19426 of 2018(3) dt.07-10-2024 3/3 fresh appointee shall cause prejudice. It is also true that the said appeal which has been challenged by the petitioner is against Smt. Durmil Devi who is now no more.

5. Learned Counsel for the State submits that any order may be passed only after hearing the latest appointee.

6. It transpires to this Court that since, order dated 16.03.2018 has become infructuous and therefore, this order dated 16.03.2018 in Anganwadi Case No.152 of 2015 passed by the District Magistrate-cum-Collector, Darbhanga (annexed as Annexure-4) is hereby set aside. It is directed to the petitioner to file a fresh application before the Collector-cum-District Magistrate raising all the points of Annexure-7 which has been issued by the ICDS, Directorate and claimed the same to be in her favour. The District Magistrate, Darbhanga shall upon noticing to the fresh appointee and after hearing both parties, shall pass order in accordance with law within 90 days from the date of production of the order. Period of 90 days shall be counted from the date of appearance of parties.

7. Accordingly, with the aforesaid direction, the present writ petition stands disposed off.

(Dr. Anshuman, J) Divyansh/- U