Bibi Musrrat Bano v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6259 of 2015 ====================================================== Bibi Musrrat Bano Wife of Md. Israil, Resident of Village- Gaiyari, Police Station Araria, District- Araria.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner, Purnea Division, Purnea.

3.

The District Magistrate, Araria.

4.

The District Project Officer, I.C.D.S. District- Araria. 5.

The Child Development Project Officer, Araria within the District of Araria. 6.

The Mukhiya Gaiyari Panchayat, Gaiyari, Police Station Araria, DistrictAraria. 7.

The Panchayat Secretary, Gaiyari Panchayat, Gaiyari Police Station Araria, District- Araria.

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Respondent/s :

Mr.Aag8- Gautam Bose ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-03-2019 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

The petitioner has approached this Court for quashing the order dated 4.8.2011 passed in Misc. Appeal No. 4 of 201112 on the Anganwari Appeal filed by the petitioner. The writ petition has been filed after unexplained and undue delay of about four years. Even otherwise, nature of the right agitated by the petitioner is only with respect to discharge of a social obligation.The belated claim of the petitioner without any explanation whatsoever does not deserve any consideration

Patna High Court CWJC No.6259 of 2015(2) dt.26-03-2019 2/2 by this Court.

The writ petition being a remedy of discretion has to be exercised not in favour of such persons, who chose to sleep over the right and approach the Court at its ownsweet will. In the meantime whether any person has been appointed in place of the petitioner or not, even that has not been placed by the petitioner on record.

In view of the aforesaid finding this Court is not inclined to exercise jurisdiction in favour of the petitioner. The writ petition is dismissed.

(Madhuresh Prasad, J) SNkumar/- U