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Patna High CourtCWJC/4928/2023disposed

Nidhi Kumari @ Nidhi Devi v. The State Of Bihar

2023-11-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4928 of 2023 ====================================================== Nidhi Kumari @ Nidhi Devi Wife of Manoj Ram Resident of VillageMirzapur, Post-Mahna Ganni, Majhaulia, Police Station-Bettiah Mufassil, District-West Champaran, (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social and Welfare Department, Government of Bihar, Patna.

2.

The Secretary, Social and Welfara Department, Government of Bihar, Patna. 3.

The Director, Integrated Child Development Scheme, Indira Bhawan, West Boring Canal Road, Patna.

4.

The Divisional Commissioner, Tirhut Division, Patna. 5.

The District Magistrate cum Collector, Bettiah, West Champaran. 6.

The District Programme Officer, Integrated Child Development Scheme, Bettiah, West Champaran.

7.

The Sub-Divisional Officer, Bettiah, West Champaran. 8.

The Block Development Officer, Majhaulia, West Champaran. 9.

The Child Development Project Officer Majhaulia, District-West Champaran.

10.

Saroj Kumari Wife of Munna Kumar Ram Resident of Village-Mirzapur, Post-Mahna Ganni, Majhaulia, Police Station-Bettiah Mufassil, DistrictWest Champaran, (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Yadav, Advocate For the Respondent/s :

Mr.Prashant Pratap (GP-2) Mr. Asit Kumar Jha, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-11-2023 The present writ petition has been filed seeking the following reliefs:- "1. i. For Issuance of Writ / Writs, Order / Orders, Direction/ Directions in the nature of Certiorari for quashing the order dated 07.05.2019 contained in

Patna High Court CWJC No.4928 of 2023(2) dt.01-11-2023 2/3 Memo No. 419 passed by the learned District Programme Officer, I.C.D.S., Motihari, East Champaran in Case No.

03/2018, whereby and whereunder the petitioner has been removed from the post Anganwadi Sevika from the centre no. 297 Majhaulia, West Champaran.

ii. For Issuance of Writ / Writs, Order / Orders, Direction / Directions in the nature Mandamus commanding the respondents to immediately appoint the petitioner on the post of Anganwadi Sevika at Centre No. 297, Under Block Majhaulia, District- West Champaran, where the petitioner was earlier appointed for the post of Anganwadi Sevika but illegally removed by the authority /respondents.

Iii. For further prayer of the petitioner to direct the concerned respondent to cancel the appointment of Respondent No. 10 because she obtained the order of selection / appointment in place of petitioner through the wrong sets of facts by illegal process by using back office method."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present petition,

Patna High Court CWJC No.4928 of 2023(2) dt.01-11-2023 3/3 however, seeks liberty on behalf of the petitioner to file appropriate appeal challenging the order dated 07.05.2019 passed by the learned District Programme Officer, I.C.D.S., Motihari, District-East Champaran in Case No. 03 of 2018. Liberty, so sought, is granted.

3.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U