Patna High CourtL.P.A/826/2015dismissed

Asmila Sinha v. The State Of Bihar And ORS

2017-08-03The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.826 of 2015 Arising out of Civil Writ Jurisdiction Case No. 3512 of 2015 =========================================================== Asmila Sinha, widow of Late Deonandan Prasad @ Deo Nandan Prasad Yadav, Resident of Village Pali Beldaria, P.S. Kauwakol, District Nawada. .... .... Appellant/s

Versus

1. The State of Bihar

2. Deputy Director, Welfare, Magadh Division, Gaya.

3. District Collector, Nawada.

4. D.P.O., Nawada.

5. S.D.O. Nawada.

6. C.D.P.O., Kauwakol, District-Nawada.

7. Meena Roy, wife of Upendra Prasad Yadav. Resident of Village- Pali, Beldaria, P.S. Kauwakol, District-Nawada.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Mritunjay Prasad Singh, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 03-08-2017 Seeking exception to an order dated 10.03.2015 passed by the learned Writ Court in C.W.J.C. No. 3512 of 2015, this appeal has been filed under Clause 10 of the Letters Patent. Matter pertains to appointment of Anganwari Sevika to the Anganwari Centre in question and the Appellate Authority, namely, the Deputy Collector, Welfare, Magadh Division, Gaya in Appeal Case No. 68K of 2014 has recorded a finding that Ward No. 6 is nearest to Ward No. 5 and, therefore, no interference with regard to

Patna High Court LPA No.826 of 2015 dt.03-08-2017 2/2 appointment to the post in question is called for. The learned Writ Court found that once in the matter of mapping of the Wards and their demarcation a decision is taken by the statutory Appellate Authority, in a writ petition under Article 226 of the Constitution with regard to such finding, no interference can be made and refused to exercise its jurisdiction. In doing so, we are of the considered view that the learned Writ Court has not committed any error warranting reconsideration. The Letters Patent Appeal stands dismissed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 08.08.2017 Transmission Date