Smt. Soni Kumari v. The State Of Bihar Through Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1945 of 2021 ====================================================== Smt. Soni Kumari Wife of Rambriksh Pandit, Resident of Village-Belsar Ward No. 4, P.O. Srimatpur, P.S. -Amdanda, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Social Welfare Department, Govt. of Bihar, Patna.

2.

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

The District Magistrate, Bhagalpur.

4.

The District Programme Officer (Anganbari), Bhagalpur. 5.

The Child Development Project Officer, Sanhoula, Bhagalpur. 6.

The Block Development Officer, Sanhoula, Bhagalpur. 7.

The Selection Committee (Anganwari Sewika/Sewika/Sahayika) through its President Cum Ward Member, Ward No. 4, Amdanda Panchayat Block Sanhoula, Dist-Bhagalpur.

8.

Smt. Soni Devi, Wife of Sri Gopal Pandit, Daughter of Upendra Pandit, Resident of Village-Belsar, P.S.-Amdanda Block Sanhoula Ward No. 4, P.O. Srimatpur, District-Bhagalpur.

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha, GA 7 Md. Raisul Haque, SC 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 25-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Service of notice to eighth respondent-Soni Devi is dispensed with since no adverse order is passed against her. In the instant petition, petitioner has prayed for the following relief(s):- "(i) For quashing the Memo number 151, dated 26.3.2020 passed by Child

Patna High Court CWJC No.1945 of 2021 dt.25-01-2022 2/3 Development Project Officer, Sanhoula, Bhagalpur.

(ii) For direction to opposite the petitioner on the post of Sevika on the effect of 26.03.2020 in Ward No. 4 Anganwari Center No. 188, Belhar, Kumhar Tola, Ward No. 4, Amdanda Panchayat of Sanhoula Block Bhaglpur District.

(ii) For direction to the Respondents to any other relief/reliefs which is entitled to petitioner in accordance with law."

The petitioner has statutory remedy of appeal before the appellate authority. Without exhausting the statutory remedy of appeal writ petition cannot be entertained in the light of Hon'ble Apex Court decision in the case of State of Jammu and Kashmir Vs. R.K. Zalpuri and others reported in AIR 2016 Supreme Court 3006 held as under:- "20. Having stated thus, it is useful to refer to a passage from City and Industrial Development Corporation v.

Dosu Aardeshir Bhiwandiwala and Others, wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus:- "The Court while exercising its jurisdiction under Article 226 is dutybound to consider whether: (a) adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved;

(b) the petition reveals all material facts;

Patna High Court CWJC No.1945 of 2021 dt.25-01-2022 3/3 (c) the petitioner has any alternative or effective remedy for the resolution of the dispute;

(d) person invoking the jurisdiction is guilty of unexplained delay and laches;

(e) ex facie barred by any laws of limitation;

(f) grant of relief is against public policy or barredby any valid law;

and host of other factors."

Accordingly, the present petition stands dismissed as premature reserving liberty to the petitioner to approach appellate authority in filing an appeal.

The appellate authority is hereby directed to take note of Section 14 of the Limitation Act for the purpose of condonation of delay in presenting memorandum of appeal. If such appeal is filed the same shall be considered within a period of four months from the date of receipt of appeal, after giving due opportunity of hearing to eighth respondent-Soni Devi.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A