Disposed

Afsana Khatoon v. the State of Bihar and Ors.

Patna HC19 Aug 2010CWJC/2524/2010

Case brief

AI extract

What is this about?

Petitioner challenged the appointment of an 'interloper' as illegal, claiming next eligibility. The Collector's order was stayed pending an appeal to the Commissioner, who must dispose of it within two months following law.

What did the court decide?

Writ application disposed; petitioner directed to file appeal before Commissioner within 30 days; Commissioner directed to decide within two months by reasoned order.

Afsana Khatoon Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2010)

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 IN THE HIGH COURT OF JUDICATURE AT PATNA

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 CWJC No.2524 of 2010

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1. AFSANA KHATOON W/O MD. NASEEM AKHTAR R/O VILL & P.O. MEGHAUNA,WARD NO.12,P.S. &ANCHAL ALLAULI,DISTT-KHAGARIA

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 Versus

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1. THE STATE OF BIHAR

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2. THE DISTRICT COLLECTOR -CUM-D.M. KHAGARIA

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3. THE BLOCK DEVELOPMENT OFFICER C.D.BLOCK ALLAULI,DISTT-KHAGARIA

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4. THE CHILD DEVELOPMENT & PROJECT OFFICER C.D. BLOCK,ALLAULI,DISTTKHAGARIA

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5. THE MUKHIYA ,GRAM PANCHAYAT MEGHAUNA,P.S.& ANCHAL ALLAULI,DISTTKHAGARIA

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6. THE UP-MUKHIYA ,SURENDRA PASWAN GRAM PANCHAYAT ,MAGHOUNA,P.S.& ANCHAL-ALLAULI,DISTT-KHAGARIA 7. SMT. SWETA KUMARI W/O AMAR KUMAR YADAV R/O VILL & P.O.MEGHAUNA,WARD NO.14,P.S.& ANCHAL ALLAULI,DISTT-KHAGARIA

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19.08.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State.

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Learned Counsel for the petitioner submits that the person appointed has been held to be a palpably illegal appointee and interloper by the Collector in his order dated 14.12.2009. There was thus in fact no appointment at all in the

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eye of law. The petitioner was the next eligible candidate to be appointed. The Collector has not doubted eligibility of the petitioner. The petitioner pursued the matter within a period of one year from the date of appointment of respondent no. 7 and the normal life of a panel is one year, the expiry of the panel during litigation cannot be a ground to un-suit the petitioner.

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Counsel for the State submits that these are matters to be considered by the Commissioner against the order of the appellate authority in an appeal.

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If the petitioner files such an appeal before the Commissioner within 30 days from today, let the same be decided after hearing all concerned in accordance with law and disposed by a reasoned and speaking order within a period of two months from its presentation.

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The writ application stands disposed.

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Snkumar/- (Navin Sinha,J.)

Afsana Khatoon v. the State of Bihar and Ors.

Case brief

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Afsana Khatoon v. the State of Bihar and Ors.

Case brief

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