Patna High Court
Pushpa Kumari vs The State Of Bihar on 4 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9398 of 2020
======================================================
Pushpa Kumari W/o Sri Rajesh Kumar R/o Village- Bibi Bankatwa, P.S.
Bathwariya and District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare
Department, State of Bihar, Patna.
2. The Principal Secretary, Social Welfare Department, State of Bihar, Patna.
3. The District Magistrate, District West Champaran.
4. The District Programme Officer, District West Champaran.
5. The Child Development Programme Officer (C.D.P.O.), Block Bagaha, West
Champaran.
6. Anshu Kumari W/o Sujeet Kumar Prasad R/o Village- Bibi Bankatwa, P.S.-
Bathwariya and District- West Champaran.
7. Priya Priadarshani Lady Supervisor, Bairia, P.O. and P.S.- Bairia, Dist- West
Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabindra Kumar Tiwari, Advocate
For the Respondent/s : Mr. Lalit Kishore ( Ag )
: Mr. Gyan Prakash Ojha, GA 7
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 04-01-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. Since no adverse order is passed against Respondent
Nos. 6 and 7, accordingly, service of notice to them is dispensed.
3. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"i. For issuance of the writ of the nature of mandamus
commanding and directing the Respondents Nos 3 and 4 to
conclude and dispose of the Anganwari Appeal No. 07/2020
Patna High Court CWJC No.9398 of 2020 dt.04-01-2022
within one month positively filed by this petitioner before
them questioning the order dated 30/03/2020, passed by the
CDPO, Block Sidhaw, West Champaran adjudicating about
the candidature of the Petitioner without having legal
jurisdiction, stipulated in the Margdashika and hence declared
to be "Juris per incurium".
ii. Praying for granting stay on the impugned order,
Annexure-1 with immediate effect till the Appeal has decided
on merit in the interest of principle of natural justice.
iii. For granting any other relief/reliefs for which the
Petitioner may be found entitled in the facts and circumstances
of the case."
4. The grievance of the petitioner is in short compass
namely to decide the petitioner's Appeal No. 7 of 2020 which is
pending consideration before the Appellate Authority. Therefore,
the Appellate Authority is hereby directed to conclude the
petitioner's Appeal No. 7 of 2020 within a period of one month
from the date of receipt of this order after giving ample
opportunity of hearing to the petitioner and contesting Respondent
Nos. 6 and 7.
5. Accordingly, petition stands disposed off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 07.01.2022
Transmission Date
