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Smt Sarita W/O Ramesh Rathod vs The State Of Karnataka And Ors
2021 Latest Caselaw 5484 Kant

Citation : 2021 Latest Caselaw 5484 Kant
Judgement Date : 4 December, 2021

Karnataka High Court
Smt Sarita W/O Ramesh Rathod vs The State Of Karnataka And Ors on 4 December, 2021
Bench: R.Devdas, Rajendra Badamikar
                                 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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