Gitanjali Behera v. Addl.Dist.Magistrate,Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.353 of 2015 Gitanjali Behera ....

Appellant M/s. J. K. Panda and associates, Advocates -versusAdditional District Magistrate, Cuttack and others ....

Respondents Mr. Debakanta Mohanty, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH

ORDER

26.09.2022 Order No.

1. The present appeal is directed against an order dated 13th May, 2015 passed by the learned Single Judge dismissing the Appellant's W.P.(C) No.8445 of 2011 challenging the selection of Respondent No.3 as Anganwadi Worker (AWW) at Talasahi-2 Anganwadi Centre (AWC) in Cuttack.

2. It appears that the present Appellant was a resident not of Talasahi-2, but of Talasahi-1 AWC. The ADM had called for the records to examine the contention of the Appellant that the land which she had was a joint property situated in the Talasahi-2 AWC area. A report was called for from the CDPO by the ADM. The report submitted by the CDPO was that the Appellant and her husband were residing in the house of her father-in-law in another land situated in Uparsahi of Revenue village Talasahi, which

comes under Tahasahi-1 AWC area i.e. outside of Talasahi-2 AWC area.

3. The learned Single Judge has again examined the records, which were examined by the ADM. The learned Single Judge has correctly observed that in a writ jurisdiction the concurrent findings of fact based on the enquiry report of the CDPO cannot be interfered with.

4. Having heard learned counsel for the Appellant, the Court is not persuaded that the learned Single Judge has committed any error in declining to interfere with the order of the ADM, which has accepted the enquiry report of the CDPO.

5. Accordingly, there is no merit in the appeal and it is dismissed as such.

(Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge M. Panda