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Patna High CourtCWJC/20585/2021dismissed

Most. Rehana Khatoon v. The State Of Bihar

2024-03-29Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20585 of 2021 ====================================================== Most. Rehana Khatoon W/o Late Md. Mushtakeem R/o Village- Itahri, Ward No. 1, Bairo, P.S.- Supaul, District- Supaul ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Supaul 3.

The District Programme Officer, Supaul 4.

The Child Development Project Officer, Supaul 5.

Samida Khatoon W/o Md. Farooque Azam, R/o Village- Itahri, Ward No. 1, Bairo, P.S.- Supaul, District- Supaul.

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

For the Petitioner/s :

Mr. Md. Abdul Mannan Khan, Advocate Mr.Md. Harun Quareshi, Advocate For the Respondent/s :

Mr.S.K. Mandal (Sc3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2024 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of a writ in the nature of certiorari or any other appropriate writ, orders and directions for quashing the order dated 25.09.2021 passed by the District Magistrate, Supaul in Aganwadi Appeal No.08 of 2021 by which upheld the order of Respondent no.3 passed in Case No.06/2021 order rejected the petition of the petitioner and allowed the appointment of (Respondent no.5) private respondent

Patna High Court CWJC No.20585 of 2021(2) dt.29-03-2024 2/3 (ii) For issuance of a writ in the nature of certiorari or any other appropriate writs, orders and directions for quashing the order dated 14.06.2021 passed by the District Programme Officer, Supaul in Case No.06 of 2019 by which order uphold the appointment order of respondent no.5 and rejected the petition of the petitioner.

(iii) For issuance of a writ in the nature of certiorari in the nature of any other writs, orders and directions for quashing the entire proceeding minute by which a meeting was held on 02.06.2018 under the presidentship of ward member and select the respondent no.5 for the post of Aganbari Sevika on the basis of forged certificate and its consequences.

(iv) For issuance of a writ in the nature of mandamus in the nature of any other writs, orders and directions for commanding the concerned respondent to appoint the petitioner on the post of Aganbari Sevika of centre Code 331 of Village-Itahri, Ward No.1, Bairo, P.S.- Supaul, District-Supaul in place of private respondent (Samida Khatoon) the petitioner is having more maks than private respondents."

2.

At the outset, the learned counsel for the

Patna High Court CWJC No.20585 of 2021(2) dt.29-03-2024 3/3 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.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U