Patna High Court
Sahjahan vs The State Of Bihar on 10 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7327 of 2021
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Sahjahan Wife of Md. Nooruddin Resident of Village- Dema, P.s.- Parsauni,
District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Social Welfare
Department, Govt. of Bihar, Patna.
2. The Director I.C.D.S., Bihar, Patna.
3. The District Magistrate Sitamarhi.
4. The District Programme Officer (I.C.D.S.) Sitamarhi.
5. The Sub- Divisional Officer Belsand, District- Sitamarhi.
6. The Block Development Officer Parsauni, District- Sitamarhi.
7. The C.D.P.O. Parsauni, District- Sitamarhi.
8. Ribha Kumari Wife of Rajesh Kumar Ram Resident of Village- Dema, P.S.-
Parsauni, District- Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Madhubala Verma
: Mr. Ajay Kumar Verma
For the Respondent/s : Mr. Lalit Kishore (Ag)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 10-02-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. State counsel accepts notice for respondent Nos. 1 to 7.
3. Service of notice to respondent No. 8 is dispensed since no
adverse order is passed.
4. In the instant petition, petitioner has prayed for the
following relief/reliefs:
Patna High Court CWJC No.7327 of 2021 dt.10-02-2022
"That by this writ application, the petitioner craves
indulgence of this Hon'ble Court for issuance of appropriate
writ/direction/order to the respondents for appointment of the
petitioner on the post of Anganwari Sewika in Gram
Panchayat Raj Dema, Ward No. 9, Centre No. 9, Block -
Parsauni, District- Samastipur after cancelling the
appointment of Respondent No. 8 who has been illegally
appointed on the said post against the merit list by the
respondents."
5. The petitioner without exhausting statutory remedy of
appeal presented this petition and petition is not maintainable in view
of the Apex Court decision in the case of State of Jammu and
Kashmir V/s. R.K. Zalpuri and others reported in AIR 2016 SC
3006, Paragraph-20 which is held as under:
"20. Having stated thus, it is useful to refer to a passage
form City and Industrial Development Corporation V/s.Dosu
Aardeshir Bhiwandiwala and others {(2009) 1 SCC 168},
wherein this Court while dwelling upon jurisdiction under
Article 226 of the Constitution, has expressed thus:-
"The Court while exercising its jurisdiction under Article 226
is duty-bound to consider whether:
(a) Adjudication of writ petition involves any complex and
disputed question of facts and whether they can be
satisfactorily resolved;
(b) The petition reveals all material facts;
(c) The petitioner has any alternative or effective remedy for
the resolution of the dispute;
(d) Person invoking the jurisdiction is guilty of unexplained
delay and laches;
(e) Ex facie barred by any laws of limitation;
Underline Emphasized
Patna High Court CWJC No.7327 of 2021 dt.10-02-2022
(f) Grant of relief is against public policy or barred by any
valid law; and host of other factors"
6. In view of the aforesaid decision present petition is not
entertainable, therefore, the petitioner is at liberty to prefer appeal
before the concerned Appellate Authority within a period of eight
weeks from the date of receipt of this order. If such appeal is
preferred by the petitioner, the same shall be considered after giving
ample opportunity of hearing to the petitioner as well as 8 th
respondent - Ribha Kumari. Such exercise shall be completed within
a period of three months from the date of receipt of appeal.
7. Accordingly, writ petition stands disposed off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
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