Ribha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.638 of 2014 IN Civil Writ Jurisdiction Case No. 14365 of 2005 =========================================================== Ribha Kumari W/o Shree Dharmendra Singh R/O Village - Risaudh, Gram Panchayat - Rauna, P.S. - Belaganj, District - Gaya .... .... Appellant/s

Versus

1. The State of Bihar through the Chief Secretary Govt. of Bihar, Patna.

2. The Secretary, Department of Social Welfare, Patna, Bihar.

3. The Commissioner, Magadh Division , Gaya.

4. The Secretary to Commissioner-cum-Deputy Director Welfare, Magadh Division, Gaya.

5. The District Magistrate, Gaya.

6. The District Development Commissioner, Gaya.

7. The District Welfare Officer cum District Program Officer, Gaya.

8. The Child Development Project Officer (CDPO), Belaganj, Gaya.

9. The Block Development Officer, Block - Belaganj, Gaya.

10. The Mukhiya, Gram Panchayat Rauna, Belaganj, Gaya.

11. Smt. Shila Devi w/o Shree Rajendra Prasad R/O Village - Risaudh, Gram Panchayat - Rauna, P.S. - Belaganj, District - Gaya .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Prakritita Sharma, Advocate For the Respondent/s : Mr. Dhaneshwar Pd. Gupta, Advocate For the State :

Ms. Shobha Choubey, AC to GP-19 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 20-03-2017 Heard learned counsel for the appellant, counsel for the private-respondent and the State.

The Court is informed by the counsel for the privaterespondent, Smt. Shila Devi that in terms of the direction of the Divisional Commissioner, dated 28.10.2005 and after passing of the order by the Learned Single Judge on 15.05.2012, a fresh Aam

Patna High Court LPA No.638 of 2014 dt.20-03-2017 2/2 Sabha has been held and new selection has been made on the post of Anganwari Sevika and the beneficiary is a third party. All submissions, which have been made at the bar, including the submission that a fraud was played upon the Court or the Divisional Commissioner by the private-respondent, Smt. Shila Devi, as there was nothing pending before the Commissioner, has of no significance, now, in view of a fresh cause of action having arisen.

The impugned order, dated 15.05.2012, passed in C. W. J. C. No. 14365 of 2005, is not required to be interfered with. The appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 21.03.2017 Transmission Date