Sahana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5961 of 2024 ====================================================== Sahana Khatoon Wife of Abdul Karim Ansari, resident of village- Pakariya, P.O. - Narkatiya, P.S. - Darpa, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Social Welfare Deaprtment, Bihar, Patna.

2.

The Deputy Director, Social Welfare Department, Tirhut Division, Muzaffarpur.

3.

The Assistant Director, I.C.D.S. Directorate, Bihar, Patna. 4.

The District Magistrate, East Champaran.

5.

The District Programme Officer (I.C.D.S), Motihari. 6.

The Child Development Project Officer, Narkatiya, District East Champaran.

7.

The Lady Supervisor, Office of Child Development Project Officer, Narkatiya, District East Champaran.

8.

Mem Khatoon, Wife of Karim Khan, resident of Village - Pakariya, P.O. Narkatiya, P.S. - Darpa, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Raj, Adv.

For the Respondent/s :

Mr.Government Pleader (6) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. (A)For quashing of the order dated 11.09.2023 passed by the District Magistrate, East Champaran in Anganwadi Appeal Case No.12/2023- 24 whereby and where under the appeal was rejected by the District Magistrate on the ground that the order dated 21.01.2021 was passed by the District Magistrate in Anganwadi Case No. 103(K)/2014-15 titled as Mem Khatoon V/s State and in such

Patna High Court CWJC No.5961 of 2024(2) dt.25-04-2024 2/3 circumstances this appeal is not maintainable. (B) For quashing of the order dated 18.03.2023 passed by the District Program Officer, East Champaran in Case No.41/2021 wherein the proceedings were terminated in a mechanical manner by only stating that the case has been forwarded to Child Development Project Officer, Narkatiya for investigation which is cryptic and without any reasoned finding.

(C)For quashing of the order dated 21.01.2021 passed by the District Magistrate in Anganwadi Case No. 103(K)/2014-15 titled as Mem Khatoon V/s State whereby and where under the order dated 08.12.2014 passed by the District Program Officer, I.C.D.S., East Champaran removing the applicant from the post of Assistant was set aside by the District Magistrate and the respondent no.8 Mem Khatoon was reinstated on the post of Sahayika by holding that there is no any serious complaint in past against the applicant Mem Khatoon which is arbitrary and without application of judicious mind."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a suit before the learned Civil Court having competent

Patna High Court CWJC No.5961 of 2024(2) dt.25-04-2024 3/3 jurisdiction for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U