Most. Renu Devi @ Renu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13731 of 2019 ====================================================== Most. Renu Devi @ Renu Kumari W/o Late Premshankar Ram Resident of Village- Mahgama Ward No. 10, P.O.- Kairiya, P.S.- Kahalgaon, DistrictBhagalpur, Pin Code- 813204. ... ... Petitioner/s

Versus

1.

The State of Bihar through Director Social Welfare Department (I.C.D.S.), Bihar, Patna.

2.

The District Magistrate Bhagalpur.

3.

The District Programme Officer Social Welfare Department (I.C.D.S.), Bhagalpur.

4.

The Child Development Project Officer Kahalgaon, Bhagalpur. 5.

The Sub- Divisional Officer Bhagalpur.

6.

The Mukhiya Gram Panchayat Kairiya, Kahalgaon, Bhagalpur. 7.

The Panchayat Sevak Gram Pranchayat Kairiya, Kahalgaon, Bhagalpur. 8.

Mamta Kumari @ Mamta Devi W/o Narsingh Ram Resident of VillageMahgama Ward No. 9, P.O.- Kairiya, P.S.- Kahalgaon, District- Bhagalpur, Pin Code- 813204.

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

For the Petitioner/s :

Mr. Nawal Kishore Prasad, Adv.

For the State :

Mr. Md. Raisul Haque (SC-10) For the Respondent/s :

Mr. Praveen Kumar, Adv.

:

Mr. Ravi Prakash Dwivedi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-09-2024 Learned Counsel for the petitioner, Learned Counsel for the State and Learned Counsel for the respondent no.8 are present.

2. The present writ petition has been filed for directing the authorities to select and appoint the petitioner on the post of Anganwari Sevika under Gram Panchayat-Kairiya, P.S.-Kahalgaon, District- Bhagalpur.

Patna High Court CWJC No.13731 of 2019(6) dt.24-09-2024 2/2

3. After some arguments, Learned Counsel for the petitioner seeks liberty to withdraw this application as having become infructuous. He submits that liberty may be granted to the petitioner to challenge the appointment of Anganbari Sevika under the relevant Margdarshika for the appointment of Anganwari Sevika and Sahayika, when cause of action shall arise.

4. Counsel for the State submits that for challenging the appointment of the Anganbari Sevika, rule is already there and if according to rule, cause of action survives than petitioner shall always be liberty to challenge the same.

5. In this background, the writ petition stands disposed off granting liberty to the petitioner to avail the remedy before the original authority under the relevant margdarshika for the appointment of Anganwari Sevika and Sahayika, if cause of action still survives.

(Dr. Anshuman, J) Amandeep/- U