Patna High Court
Arti Kumari vs The State Of Bihar on 14 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8198 of 2021
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Arti Kumari Wife of Arun Kumar Ray resident of Village - Bangari, Sirpal
Basant, Police Station Garkha, District Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Social Welfare Department,
New Secretariat.
2. The Commissioner, Saran at Chapra.
3. The District Magistrate, Saran at Chapra.
4. The District Program Officer, Saran at Chapra.
5. The Block Development Officer, Garkha Block, Saran at Chapra.
6. The Block Child Development Project Officer, Garkha, Block, Saran at
Chapra.
7. The Supervisor, Garkha Block, Saran at Chapra.
8. Guria Kumari W/O Arun Ray resident of Village Bangari Sirpal Basant,
Police Station Garkha, District Saran at Chapra.
9. The Ward Member, Bangari, Jalal Basant Garkha, Saran at Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pramod Ban Bihari Singh
For the Respondent/s : Mr. Gyan Prakash Ojha (GA-7)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 14-02-2022
The matter has been heard via video conferencing
due to circumstances prevailing on account of the COVID-19
pandemic.
Learned counsel for the State accepts notice for
respondent nos. 1 to 7 and 9.
Service of notice to respondent no. 8, Guriya
Patna High Court CWJC No.8198 of 2021 dt.14-02-2022
Kumari, is dispensed since no adverse order is passed.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
(I) For issuance of a writ in the
nature of certiorari or any other
appropriate writ for quashing the
selection letter dated 30.07.2019 of
respondent no. 8 on the post of Sevika
under Panchayat Raj Jalal Basant
Garkha, Saran, Bihar after calling the
selection letter of respondent no.8
which has not been issued by the
respondent no. 6 dated 30.10.2020
vide letter no. 358.
(II) For issuance of any other
writ/writs, order/orders,
direction/directions which your
Lordships may deem fit and proper in
the facts and circumstances of the
case.
The petitioner without exhausting statutory remedy
of appeal presented this petition and petition is not maintainable
Patna High Court CWJC No.8198 of 2021 dt.14-02-2022
in view of the Apex Court decision in the case of State of
Jammu and Kashmir Vs. 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 from City and Industrial
Development Corporation Vs. 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;
Patna High Court CWJC No.8198 of 2021 dt.14-02-2022
(e) Ex facie barred by any laws of limitation;
(f) Grant of relief is against public policy or
barred by any valid law; and host of other
factors"
In view of the aforesaid decision, the present
petition is premature, therefore, the petitioner is at liberty to
prefer appeal before the 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
respondent no.8, Guriya Kumari. Such exercise shall be
completed within a period of three months from the date of
receipt of appeal.
Accordingly, writ petition stands disposed of.
(P. B. Bajanthri, J)
Ankit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.02.2022
Transmission Date NA
