Dismissed

Bihar Rajya Asha Sangh v. the State of Bihar and Ors.

Patna HC31 Jan 2013L.P.A/1020/2012

Case brief

AI extract

What is this about?

In Letters Patent Appeal No. 1020 of 2012, the Patna High Court dismissed an appeal filed by the Bihar Rajya Asha Sangh challenging the cancellation of Asha Worker appointments. The Bench held the appeal was not maintainable as the appellant lacked legal existence and had no authority to file the petition.

What did the court decide?

None. Appeal dismissed in limine on ground of non-maintainability due to lack of legal existence and lack of authorization.

Bihar Rajya Asha Sangh Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1020 of 2012 In

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Civil Writ Jurisdiction Case No. 21944 of 2011

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====================================================== Bihar Rajya Asha Sangh, Narkatiaganj (West Champaran) through Secretary, Meena Devi W/O Jawahir Patel resident of village - Shikarpur, P.S.- Shikarpur, District- West Champaran, Bettiah. .... .... Appellant/Petitioners

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Versus

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1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. The Principal Secretary, Health and Family Welfare Department, Govt. of Bihar, Patna

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1. The Secretary, Health and Family Welfare Department, Govt. of Bihar, Patna

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1. The District Officer-Cum-District Magistrate, West Champaran, Bettiah 5. The Civil Surgeon-Cum-Chief Medical Officer, West Champaran, Bettiah

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1. The Sub Divisional Officer, Narkatiyaganj, District- West Champaran 7. The Incharge Medical Officer, Primary Health Centre Narkatiyaganj, District- West Champaran

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1. The Block Development Officer, Narkatiyaganj, District- West Champaran

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1. The Deputy Collector, Land Reforms, Narkatiyaganj, District- West Champaran .... .... Respondents/Respondents

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====================================================== Appearance : For the Appellant : Mr. Sanjeev Kumar, Advocate. For the Respondents : Mr. Suryakant Kumar, A.C. to S.C. 19 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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9 31-01-2013 Feeling aggrieved by the order dated 20^th April 2012 made by the learned single Judge in CWJC No. 21944 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.

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The appellant, before this Court is the Bihar Rajya Asha Sangh, Narakatia Ganj, West Champaran. The appellant has approached this Court under Article 226 of the Constitution to

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Patna High Court LPA No.1020 of 2012 (9) dt.31-01-2013

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challenge the action of the respondents in cancelling the appointment of some 57 Asha Workers on the premise that large scale irregularities were committed in appointment of those Asha Workers. The learned single Judge has dismissed the writ petition. Therefore, this Appeal.

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Learned Advocate Mr. Sanjeev Kumar has appeared for the appellant. He admits that the appellant is not a recognized Union nor it has legal existence. There is nothing on record to suggest that those Asha Workers, whose selection has been cancelled, had authorized the appellant to file the writ petition on their behalf. Neither the petition nor the appeal at the hands of the appellant is maintainable.

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Appeal is dismissed in limine .

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(R.M. Doshit, CJ)

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(Ahsanuddin Amanullah, J)

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Sujit/-

Bihar Rajya Asha Sangh v. the State of Bihar and Ors.

Case brief

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Bihar Rajya Asha Sangh v. the State of Bihar and Ors.

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