Citation : 2021 Latest Caselaw 5484 Kant
Judgement Date : 4 December, 2021
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF DECEMBER 2021
PRESENT
THE HON'BLE MR.JUSTICE R. DEVDAS
AND
THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR
WRIT APPEAL No.200098/2021 (S-RES)
BETWEEN:
Smt. Sarita
W/o Ramesh Rathod
Aged about 30 years
R/at Sindagi Tanda, 3
Tq. Sindagi
Dist: Vijayapur
... Appellant
(By Sri J. Augustin, Advocate)
AND:
1. The State of Karnataka
By its Secretary to the
Women & Child Welfare Department
M.S. Buildings
Bangalore-560 001
2. The Child Development
Project Officer (CDPO)
and Member Secretary
2
Anganwadi Workers
Selection Committee
Sindagi, District Vijayapura-586101
3. The Deputy Commissioner
Cum Chairman
Anganwadi Workers' Selection Committee
Vijayapura-586101
4. Begum W/o Hussain Basha Maniyar
Age: 39 years, Occ: Anganwadi worker
Sindagi Tanda, Ward No.7
Taluka Sindagi, Dist: Vijayapur-586101
... Respondents
(By Sri Shivakumar R. Tengli, AGA for R1 to R3;
Sri B.K. Hiremath, Advocate for C/R4)
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, 1961, praying to set aside the
impugned order dated 17.04.2021 passed in Writ Petition
No.205928/2015 by the learned Single Judge and
consequently to quash/set aside the order bearing
No.¸ÀA:².C.AiÉÆÃ.¹AzÀV/CA.PÁ.PÀ/ ¥Àæ/2015-16 dated 24.08.2015, vide
Annexure-A issued by the respondent No.2 herein/the Child
Development Project Officer (CDPO) and Member Secretary,
Anganwadi Workers Selection Committee, Sindagi.
This appeal coming on for admission this day,
R. Devdas J., delivered the following:
3
JUDGMENT
R. DEVDAS J., (ORAL):
After arguing the matter for sometime, the learned
counsel for the appellant submits that since the
Government Order dated 19.04.2014, which forms basis
for issuance of notification calling for applications for
appointment of Anganwadi workers is not challenged,
the appellant may be permitted to withdraw the appeal,
with liberty to file a fresh writ petition on the same
cause of action, challenging the Government Order
dated 19.04.2014 also.
2. The submission of the learned counsel for the
appellant is accepted. The appellant is permitted to
withdraw the writ appeal. Liberty is also reserved to the
appellant to file a fresh petition on the same cause of
action, including a challenge raised to Government
Order dated 19.04.2014, as stated hereinabove.
Accordingly, the writ appeal stands dismissed as
withdrawn.
Sd/-
JUDGE
Sd/-
JUDGE
swk
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