Madhya Pradesh High Court
Smt. Sapna Yadav vs The State Of Madhya Pradesh on 24 April, 2021
Author: Vishal Dhagat
WP No. 20439/2019
THE HIGH COURT OF MADHYA PRADESH, PRINCIPAL
SEAT AT JABALPUR
W.P. No. 20439 of 2019
Parties Name Smt. Sapna Yadav
Vs.
State of Madhya Pradesh and others
Bench Constituted Single Bench
Judgment delivered Hon'ble Shri Justice Vishal Dhagat.
by
Whether approved Yes/No.
for reporting
Name of counsel for For petitioner : Shri Manoj Kumar
parties Chansauriya, Advocate.
For respondent : Smt. Gulabkali Patel,
Government Advocate.
For caveator/respondent No.8 : Shri
Sachin Jain, Advocate.
Law laid down
Significant
paragraph numbers
(ORDER)
24.04.2021
Petitioner has filed this writ petition calling in
question order dated 17.09.2019 passed in Appeal No.
0339/A- 89/2019-20 passed by respondent No.2 i.e.
Additional Commissioner, Sagar Division, Sagar (MP).
2. By impugned order, Additional Commissioner, Sagar
Division, Sagar has rejected second appeal preferred by petitioner
against order of Upper Collector, Niwari dated 26.12.2018.
Petitioner has been appointed as Anganwadi Worker of Gram
Panchayat, Naura under Integrated Child Development
Programme, Niwari by order dated 11.04.2017. Petitioner joined
on same date i.e. on 11.04.2017. Appointment order of petitioner
namely Smt. Sapna Yadav was challenged by Hemlata Yadav,
Ragini Yadav and Rajni Tiwari by filing appeals before Upper
WP No. 20439/2019
Collector District Niwari, M.P. Upper Collector, Niwari by its
order dated 26.12.2018 allowed appeal of Hemlata Yadav and
passed orders for her appointment as Anganwadi Worker as she
received highest marks i.e. 59.50 and found her to be ordinarily
resident of Naura and set aside order of appointment of petitioner
namely Sapna Yadav. Upper Collector dismissed other two
appeals which were filed by Ragini Yadav and Rajni Tiwari. Said
appellants, namely Ragini and Rajni did not challenge the order
passed by Upper Collector in appeal, therefore, order of Upper
Collector passed against respondents No. 9 and 10 has become
final. Now issue before this Court is whether second appeal filed
by petitioner Smt. Sapna Yadav was rightly dismissed by Upper
Commissioner. Second appellate authority after considering the
evidence available on record has relied upon the findings given
by Upper Collector regarding ordinary residence of Hemlata
Yadav and found her to be ordinary resident of Naura and,
therefore, dismissed the second appeal filed by petitioner.
3. Counsel appearing for petitioner has challenged the order
on the ground that Additional Commissioner as well as Upper
Collector had committed an error in setting aside appointment
order of petitioner dated 11.04.2017. Said authorities failed to
consider the fact that respondent No. 8 i.e. Hemlata Yadav filed
application for deletion of her name from voter list of Sakrar,
Jhansi UP on 31.07.2017. On the date of issuance of appointment
letter of petitioner dated 11.04.2017, respondent No.8-Hemlata
Yadav was having her name in voter list of Naura, Niwari as well
as at Sakrar, Jhansi UP, therefore, both authorities had committed
error in holding that respondent No.8 is ordinarily resident of
Naura, District Niwari.
4. Counsel appearing for private respondent No.8 supported
the order passed by Upper Collector. It is submitted by him that
WP No. 20439/2019
there was proper appreciation of evidence by both the appellate
Courts. There is no need to re-appreciate the evidence of
appellate Court in writ petition. Hence, writ petition filed by the
petitioner be dismissed.
5. Heard the counsel appearing for petitioner as well as
respondent.
6. Upper Collector as well as Additional Commissioner gave
its findings regarding ordinary residence of respondent No.8 in
village Naura on the ground that Hemlata Yadav had filed an
application for deletion of her name from Village Sakrar on
02.12.2016 before BLO. If name of respondent No.8 was not
deleted, then mistake cannot be attributed on part of respondent
No.8. Said authorities found that name of respondent No.8 was
mentioned in voter list of Village Naura in year 2017. Family
ration card, Aadhar Card of respondent No.8 was also issued for
same village in year 2017. In these circumstances, it was held
that Hemlata Yadav was resident of Village Naura, District
Niwari.
7. Petitioner has relied on document which is filed at page No.
47 of the writ petition. Document was signed by BLO on
31.07.2017, which does not mean that application for deletion of
name was given to BLO on 31.07.2017. Upper collector has
given a specific finding that application for deletion of name was
filed on 02.12.2016. In fact, on going through documents at page
No. 47, it is clear that application filed by respondent No.8 was
acted upon on 31.07.2017. Arguments raised by petitioner that
application was moved in year 2017 is incorrect and does not
have any force. Upper Collector as well as Additional
Commissioner has appreciated the evidence and given a finding
that respondent No.8 Hemlata Yadav is resident of Naura. As the
finding of Upper Collector as well as additional commissioner is
WP No. 20439/2019
not perverse and is based on evidence, therefore, this Court do
not deem it fit to interfere and re-appreciate the evidence on
record. There is no error of procedure or any other illegality in
order passed by Upper Collector as well as Additional
Commissioner.
8. In view of aforesaid facts and circumstances of the case,
writ petition filed by petitioner is dismissed.
(VISHAL DHAGAT)
JUDGE
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Date: 2021.04.28 11:26:42 +05'30'
WP No. 20439/2019
HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT
AT JABALPUR
W.P. No. 20439/2019
Smt. Sapna Yadav
vs.
State of Madhya Pradesh and others
ORDER
Post for: 24/04/2021
(VISHAL DHAGAT)
JUDGE
23.04.2021
