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Patna High CourtCWJC/16082/2022dismissed

Kashira Khatun @ Kasira Khatun v. The State Of Bihar

2024-04-05Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16082 of 2022 ====================================================== Kashira Khatun @ Kasira Khatun wife of Shri Hamid Sah resident of VillagePratappur, Udant Rai (Ram) Ka Bangra, P.S.- Manjhagarh, Distt.- Gopalganj, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Commissioner, Saran Division at Chhapra, Bihar. 3.

The District Magistrate, Gopalganj, Bihar.

4.

The District Programme Officer, Gopalganj, Bihar. 5.

The Child Development Project Officer, Manjhagarh Block, Distt.- Gopalganj, Bihar..

6.

Ali Ahmad Mali (President) Ward Member, Ward No. 9, Pratappur, Panchayat- Pratappur, P.O.- Bangra, P.S.- Manjhagarh, Distt.- Gopalganj (Bihar).

7.

Jahid Husain (Panch) Vice President Ward No. 9, Pratappur, PanchayatPratappur, P.O.- Bangra, P.S.- Manjhagarh, Distt.- Gopalganj (Bihar). 8.

Nilu Sinha Mahila Supervisor, Child Development Project Office, Manjhagarh Block, Distt.- Gopalganj (Bihar).

9.

Memtara Khatun wife of Shri Agre Husain resident of Pratappur, Balua Tola Ward No. 9, P.O.- Bangra, P.S. and Block - Manjhagarh, Distt.- Gopalganj, Bihar.

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

For the Petitioner/s :

Mr.Satyendra Rai, Advocate For the State :

Mr.Sunil Kumar Mandal ( Sc 3 ) Mr. Bipin Kumar, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2024 The present writ petition has been filed seeking the following relief:- "a) For quashing or set aside the order of District Magistrate, Gopalganj dated 23.06.2022 passed in Aanganbari Appeal Case No. 05/2019 (Kasira Khatun Vs. State of Bihar & others) whereby and whereunder the

Patna High Court CWJC No.16082 of 2022(2) dt.05-04-2024 2/3 learned District Magistrate, Gopalganj has been pleased to upheld the order of District Programme Officer, Gopalganj dated 10.07.2018 passed in Aanganbari Appeal Case No. 110/2018 erroneously without taking into consideration the facts available on record on the basis of wrong perception.

b) For quashing or Setting aside the order of District Programme Officer, Gopalganj dated 10.07.2018 passed in Aanganbari Appeal Case No.110/2018 (Memtara Khatun Vs.

Kamira Khatun & others) whereby and whereunder the District Programme Officer, Gopalganj has been pleased to nullify the appointment of the petitioner who was selected and appointed after following the due process on the post of Aanganbari Sahaika at Gram Panchayat- Pratappur, Bathan Tola, Centre No.- 178, ward no. 09, erroneously without following due process, without hearing the petitioner and taking into consideration the facts available on record.

c) For a direction to the concerned respondent authorities to take appropriate step to reinstate the possession of the petitioner on the post of Aanganbari Shahaika at Gram Panchayat Pratappur, Bathan Tola, Centre No. 178, ward no.09, P.S. & BlockManjhagarh, District-Gopalganj."

Patna High Court CWJC No.16082 of 2022(2) dt.05-04-2024 3/3 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.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U