Gulnaj Praween v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15008 of 2023 ====================================================== Gulnaj Praween W/o Mohammad Iqbal, Ward No.- 14, Sisauni Panchayat Rajpur, P.S.- Kishanpur, Distt.- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Director ICDS, Bihar Patna.

3.

The Deputy Director, Welfare Kirti Pramandal Sahan. 4.

The District Collector Supaul.

5.

The District Programme Officer ICDS, Supaul.

6.

The Child Development Project Officer, Kishanpur. 7.

Sunita Kumari, Wife of Ajay Kumar, Resident of village- Sirauni, Ward No. 14, Gram Panchayat Rajpur, P.S.- Kishanpur, Dist.- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Kumar Singh For the Respondent/s :

Mrs.Kumari Amrita (GP3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For the issuance of an appropriate writ order direction quashing the order dated 30.06.2023 of the Learned Collector Supaul passed in Anganwari Appeal Case No. 24/2022 Annexure- P-4 by which and whereunder the learned Collector, without appreciating and considering the material fact that:- (A) Name of Respondent No. 7 figure at Serial No. 179 Epic No. UBD1721216 in 2016 Voter list of Maujha Gram Panchayat Prakhand Kishanpur Dist.- Supaul.

(B) Name of Respondent No. 7 also figures at Serial 202 in the list of beneficiary of Aganwari Centre of

Patna High Court CWJC No.15008 of 2023(2) dt.01-04-2024 2/3 Ward No. 4 of Maujha Gram Panchayat Prakhand Kishanpur.

(C) Sub Clause 2 of proposal No. 3 indicated that Respondent No. 7 had also received flood reliefs in Ward No. 4 Maujha Gram Panchayat.

(D) Name of Sahdeo Mahto father in law of Respondent No. 7 figures at Serial 974 in the List of BPL of Maujha Gram Panchayat Prakhand Kishanpur.

(E) Name of husband and name of father in law of Respondent No. 7 figure at Serial 177 and 178 in voter list of Ward No. 4 Maujha Gram Panchayat Prakhand Kishanpur.

(F) Sahdeo Mahto father in law of Respondent No. in retired teacher and receives more than Rs. 22,000/- per month as pension.

(G) Respondent No. 7 is daughter of Bhumeshwar Mahto and daughter in law of Sahdeo Mahto who are resident of Maujha Gram Panchayat Prakhand Kishanpur.

(H) Respondent No. 7 has neither brought a chit of paper as evidence nor any kind of petitoin on record which proves that she has ever filed a petition before competent authority to remove her name from voter list of Maujha Gram Panchayat.

(I) The Respondent No. 7 has managted to enroll her name at Serial 444 Epic No. UBD 1810189 and name of her husband at Serial No. 442 Epic No. UBD 1810207 in 2016 voter list of Ward No. 14 Rajpur Gram Panchayat. but name of Rspondent No.

Patna High Court CWJC No.15008 of 2023(2) dt.01-04-2024 3/3 7 in continuing Ward No. 4 of Maujha Gram Panchayat Prakhand Kishanpur till the date and this ground alone Respondent No. 7 can not be appointed as Anganwari Sevika in Ward No. 14 of Rajpur Gram Panchayat none the less the learned Collector was pleased to direct the District Programme Officer ICDS Supaul to issue appointment letter to the Respondent No. 7 on the post of Aganwari Sevika at Aganwari Kendra No. 165 Ward No. 14 Rajpur Gram Panchayat.

(ii) For further direction to the respondents to issue appointment letter to the petitioner on the post of Aganwari Sevika at Aganwari Centre 165 Ward No. 14 Gram Panchayat Rajpur Supaul."

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 suit before the learned Civil Court having competent jurisdiction for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U