Gudia Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15523 of 2014 ====================================================== Gudia Kumari Wife of Sri Munna Sah resident of Village- Khugni, P.S.- Ramgarhwa, District- East Champaran at Motihari ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Social Welfare, Government of Bihar, Patna 2.

The Principal Secretary, Department of Social Welfare, Government of Bihar, Patna 3.

The Deputy Director, Social Welfare, Tirhut Division, Muzaffarpur 4.

The District Magistrate-Cum-Collector, East Champaran at Motihari 5.

The District Programme Officer (Social Welfare), East Champaran at Motihari 6.

The Child Development Project Officer, Ramgarhwa, District- East Champaran at Motihari 7.

The Panchayat Secretary, Mangalpur Panchayat, Ramgarhwa, District- East Champaran at Motihari 8.

Smt. Archana Kumari Wife of Sri Anil Kumar resident of village- Khugni, P.S.- Ramgarhwa, District- East Champaran at Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Sharad Kumar Sinha, G.P.15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 22-11-2022 Petitioner has prayed for the following relief(s): "That this is an application for issuance of appropriate writ/order/direction to appoint the petitioner with all consequential benefits against the post of Anganbari Sevika in Ward No.13 of Mini Anganbari Centre situated in Mangalpur Panchayat, in Ramgarhwa Block, District of East Champaran at Motihari as the petitioner's name finds place at serial no.1 in the comparative merit list, the petitioner further prays for issuance of Certiorarified

Patna High Court CWJC No.15523 of 2014(2) dt.22-11-2022 2/2 Mandamus to call for the appointment letter of private respondent no.8-Smt. Archana Kumari and to quash it as she has obtained second position in the comparative merit list and for grant of any other appropriate consequential/incidental relief/reliefs to which the petitioner may be found entitled to in the facts and circumstances of the present case."

Learned counsel for the petitioner has no objection to the petition being heard by the Division Bench. Learned counsel for the petitioner, under instructions, seeks permission to withdraw the petition, reserving liberty to prefer an appeal before the appellate authority and/or to take recourse to such other remedies as are otherwise available in accordance with law.

Petition is disposed of as withdrawn with the liberty aforesaid.

It is clarified that the period for which the petitioner has been pursuing remedies before this Court shall be excluded for the purpose of computing the period of limitation. Interlocutory Application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Saurabh/K.C.Jha U