Patna High Court
Gudiya Kumari vs The State Of Bihar And Ors on 10 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3425 of 2018
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Gudiya Kumari wife of Vijay Prasad, Resident of Muhalla- Math, Ward No. 9,
P.O. P.S.- Rafiganj, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State Of Bihar through its Principal Secretary Social Welfare
Department, Government of Bihar, Patna
2. The District Magistrate, Cum Collector, Aurangabad.
3. The District Welfare Officer, Aurangabad.
4. The District Program Officer, Aurangabad.
5. The District Development Commissioner, Aurangabad.
6. The Child Development Project Officer, Block Rafiganj, Aurangabad.
7. Shail Kumari, W/o Uday Kumar Gupta, Grandfather Gupta Prasad, Resident
of Mohalla- Thana Gali Ward No.- 9, P.O.+ P.S.- Rafiganj, District-
Aurangabad (Bihar).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mahendra Thakur, Advocate
Mr. Ranjit Kumar, Advocate
For the Respondent/s : Mr. Sunil Kumar Mandal, SC-3
Bipin Kumar, AC to SC-3
For Respondent No.7 : Mr. Birendra Kumar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 10-10-2023
Heard learned counsel for the petitioner, learned
counsel for Private Respondent No.7 and learned counsel for the
State.
2. Learned counsel for the petitioner submits that
he has challenged the order dated 02.01.2018 passed in
Anganwari Appeal Case No.9 of 2016 by Collector,
Patna High Court CWJC No.3425 of 2018 dt.10-10-2023
Aurangabad.
3. Learned counsel for the petitioner submits that
the order of Collector, Aurangabad, has solely based on a
document, i.e., Residential Certificate dated 08.08.2015 issued
from the office of S.D.O., Aurangabad, by which respondent
No.7 was treated to be the resident of the area where Anganwari
Centre is situated. Learned counsel for the petitioner submits
that the said certificate is non-existence as 08.08.2015 was
second Saturday and there is no question of issuance of any
certificate on the said date. Counsel also submits that under
R.T.I. he has demanded the details of those certificate from the
office of S.D.O., Aurangabad. In response, it has come that no
such certificate has been issued from the office of S.D.O.,
Aurangabad; whereas the order of Collector is wholly based on
the said certificate.
4. Learned counsel for the State submits that
correspondence has been made in this regard, but there is no
specific reply has come. As such, the counter affidavit and
counsel for the State is silent on this argument.
5. Learned counsel for private respondent No.7
submits that he is also not relying on the said residential
certificate; rather he is relying on residential certificate which
Patna High Court CWJC No.3425 of 2018 dt.10-10-2023
has been issued on 13.02.2018, which is Annexure-2 of the
counter affidavit filed by private the respondent No.7. Counsel
for private respondent No.7 submits that the said residential
certificate dated 13.02.2018 has been issued from the office of
S.D.O. Aurangabad.
6. In this background, this Court is of the opinion
that finding of Collector, Aurangabad, is based on a document
which is either non-existence or not issued from the office of the
S.D.O., Aurangabad. In this view of the matter, the order dated
02.01.2018 passed by Collector, Aurangabad, in Anganwari
Appeal Case No.9 of 2016 is hereby set aside.
7. Counsel for the State has informed this Court
that the present case is related to appointment of Anganwari
which has been guided by Rule of 2016, but in the year 2019 a
new rule has come in which the power of hearing appeal has
been vested in the Divisional Commissioner.
8. In this view of the matter, the Divisional
Commissioner is directed to pass order afresh after granting
opportunity to both petitioner and respondent No.7 after
opening new miscellaneous case in this matter and he is directed
to issue notice to both the parties and call for the record of
Anganwari Appeal Case No.9 of 2016 from the office of
Patna High Court CWJC No.3425 of 2018 dt.10-10-2023
Collector, Aurangabad.
9. It goes without saying that Divisional
Commissioner shall pass order after hearing all concerned
within three months from the date of production of a copy of
this order.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE
Uploading Date 12.10.2023
Transmission Date
