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Patna High CourtCWJC/17186/2022dismissed

Madhu Kumari v. The State Of Bihar

2024-04-09Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17186 of 2022 ====================================================== Madhu Kumari Wife of Lochan Kumar, Resident of Village-Bari Mohanpur, P.S.-Pirpainti, District-Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Director, Integral Child Development Scheme (ICDS), Social Welfare Department, Bihar, Patna.

3.

The Divisional Commisioner, Bhagalpur.

4.

The District Magistrate, Bhagalpur.

5.

The District Programme Officer (ICDS), Bhagalpur 6.

Child Development Programme Officer, Pirpaintyr, Bhagalpur. 7.

Lady Observer, Bal Vikash Pariyojana, Pirpainty, Bhagalpur. 8.

Ward Member-Cum-Chairman, Selection Committee of Anganbari Sevika/Sahayika, Ward No.-03, Gram Panchayat-Mohanpur, BlockPirpainty, District-Bhagalpur. 9.

Priya Bharti Wife of Vijay Kumar Shukla, Resident of Village-Bari Mohanpur, Ward No.-3, P.O.-Khawashpur, P.S.-Pirpainty, DistrictBhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the State :

Smt. Kumari Amrita (Gp3) Mr. Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-04-2024 The present writ petition has been filed seeking the following relief:- "1.(a) For issuance of writ in the nature of Certiorari for quashing the order

Patna High Court CWJC No.17186 of 2022(2) dt.09-04-2024 2/3 dated 30/08/2022 (Annexure-18) passed by the Divisional Commissioner, Bhagalpur in Misc. (Anganbari) Revision Case No.- 15/2021-22 whereby and whereunder in one hand revision of the revisionist/private respondent no.- 9 was dismissed but on the other hand selection of the petitioner was also cancelled holding that claim of both parties was rejected as they do not belong to the resident of Ward No.- 03 where the Anganwari Centre is situated.

(b) For issuance of further writ in the nature of Mandamus commanding and direction the respondents concerned to stay the operation of the impugned order dated 30/08/2022 (Annexure-18) by which the District Programme Officer, Bhagalpur is directed to initiate the selection process a fresh on the Anganbari Centre No.- 227."

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,

Patna High Court CWJC No.17186 of 2022(2) dt.09-04-2024 3/3 is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U