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Patna High CourtCWJC/20185/2021dismissed

Sarita Devi @ Sarita Kumari, v. The State Of Bihar

2024-03-21Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20185 of 2021 ====================================================== Sarita Devi @ Sarita Kumari, Wife of Ram Prasad Singh, Resident of VillageSikraul, Police Station-Sikrahta, District-Bhojpur. ... ... Petitioner/s

Versus

1.

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

2.

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

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

4.

The District Magistrate, Bhojpur at Ara.

5.

The District Programme Officer (ICDS), Bhojpur at Ara. 6.

The Child Development Project Officer, Tarari, Police Station and BlockTarari, District-Bhojpur. 7.

The Lady Supervisor, posted in the office of the Child Development Project Officer, Tarari, Police Station-Tarari, District-Bhojpur. 8.

Smt. Suman Devi @ Suman Kumari, Wife of Sri Dipak Kumar Pandey, Resident of Village-Sikraul, Police Station-Tarari, District-Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Singh, Advocate For the Respondent/s :

Mr.Md. Raisul Haque ( Sc10 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-03-2024 The present writ petition has been filed seeking the following relief:- "1. (i) That this application is preferred for issuance of an appropriate writ preferably in the nature of 'Certiorari' for setting aside the order dated 2.3.2021 passed by the District Magistrate, Bhojpur, Ara in Miscellaneous (Anganbari) Appeal Case No.36 of 2019 whereby and whereunder the aforesaid

Patna High Court CWJC No.20185 of 2021(2) dt.21-03-2024 2/3 appeal preferred by the petitioner against the order dated 26.6.2019 has been dismissed.

(ii) To issue an appropriate writ preferably in the nature of 'Certiorari' for setting aside the order dated 26.6.2019 passed by the District programme Officer (Bhojpur) bearing Memo No.1024 dated 26.6.2019 whereby and whereunder selection and appointment petitioner of the as Aanganbari Sewika has been cancelled.

(iii) To issue an appropriate writ preferably in the nature of 'Mandamus'

commanding upon the respondent authorities to reinstate the petitioner as Anganbari Sewika of Anganbari Centre bearing Code no.208 situated in Ward No.3, Gram Panchayat Basauri, Block-Tarari, DistrictBhojpur." 2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned civil court of competent jurisdiction. Liberty, so sought, is granted.

Patna High Court CWJC No.20185 of 2021(2) dt.21-03-2024 3/3 3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U