Dismissed¶24

Priya Yadav v. The State of Bihar

Patna HC23 Apr 2024CWJC/18376/2022

Case brief

AI extract

What is this about?

Priya Yadav v. State of Bihar (Siwan); Anganbari Sevika selection; Integrated Child Development Scheme; cancellation of selection without notice; Collector Siwan; Anganbari Appeal No. 54/2019-20; District Program Officer order dt. 9/1/2020; Misc Case No. 105/2016-17; writ petition not pressed / withdrawn; liberty granted for alternative remedies including Civil Court suit; petitioner's counsel Chandra Kant; respondent side Prashant Pratap (GP-2); single-judge bench, Justice Mohit Kumar Shah; decided 23-04-2024; Patna High Court CWJC 18376/2022; no holdings on merits.

What did the court decide?

Liberty to avail alternative remedies available under the law, including filing a suit before a Civil Court having competent jurisdiction, for redressal of the petitioner's grievances; the writ petition itself was dismissed as not pressed. ¶24

Priya Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether the order dt. 2/12/2021 passed by the Collector, Siwan in Anganbari Appeal No. 54/2019-20, cancelling the petitioner's selection as Anganbari Sevika without issuing notice, ought to be quashed, and the District Program Officer's order dt. 9/1/2020 in Misc Case No. 105/2016-17 affirmed (relief sought but not adjudicated, as the petition was withdrawn).

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Ratio / Principle

At the outset, upon the petitioner's counsel electing not to press the writ petition, the Court granted the petitioner liberty to avail such other alternative remedies as are otherwise available under the law, including filing a suit before a Civil Court having competent jurisdiction, for redressal of her grievances.

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Key takeaways

The writ petition, having been not pressed by the petitioner, stands dismissed.ratio¶24

Detailed headnote1 paragraphs

PATNA HIGH COURT (Mohit Kumar Shah, J.) — CWJC No.18376 of 2022, decided 23-04-2024: Priya Yadav v. The State of Bihar and others (ICDS officials, Siwan, and Rina Yadav). The petitioner had sought (i) quashing of the order dt. 2/12/2021 passed by the Collector, Siwan in Anganbari Appeal No. 54/2019-20, by which her selection as Anganbari Sevika was cancelled without issuing notice to her and the District Program Officer's order dt. 9/1/2020 in Misc Case No. 105/2016-17 was set aside; (ii) affirmation of that DPO order effecting her selection; and (iii) non-removal from the post till disposal. At the outset, the learned counsel for the petitioner opted not to press the writ petition; liberty was granted to pursue alternative remedies available under the law, including a suit before a Civil Court of competent jurisdiction, and the writ petition was dismissed as not pressed. No substantive issue was adjudicated; no statute or precedent was cited.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18376 of 2022

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Priya Yadav Wife of Dharmendra Yadav Resident of Ward No.- 13, Village Bihari Bujurg, Panchayat Sonahula, P.S.- Guthani, District- Siwan.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Collector-cum- District Magistrate, Siwan.

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The Collector-cum- District Magistrate, Siwan.

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The District Program Officer, Integrated Child Development Scheme, District- Siwan.

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The Child Development Project Officer, Integrated Child Development Scheme, District- Siwan.

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Rina Yadav, Wife of Vijay Kumar Chaudhary Resident of Village- Bihari Bujurg, Panchayat Sonahula, Block- Guthani, District- Siwan.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Chandra Kant, Adv. For the Respondent/s : Mr.Prashant Pratap (GP-2)

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 23-04-2024

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The present writ petition has been filed seeking the following relief(s):-

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“I. For issuance of appropriate writ/writs, order/orders, direction/directions to quash the order dt. 2/12/2021 passed by collector Siwan in Anganbari appeal no 54/2019-20 by which without issuing notice to the petitioner has cancelled the selection of petitioner and has set aside the order dt. 9/1/2020 order passed by District Program Officer Siwan, in misc case no. 105/216-17.

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II. For issuance of appropriate writ/writs, order/orders, direction/directions to affirm the order dt 9/1/2020 passed by District Program Officer in

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Patna High Court CWJC No.18376 of 2022(2) dt.23-04-2024 2/2

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Misc Case No. 105/2016-17 by which petitioner selection was done on the post of Anganbari Sevika. III. For issuance of appropriate writ/writs, order/orders, direction/directions to not remove the petitioner from post of Anganbari Sevika till disposal of the writ petition.”

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At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a suit before the learned Civil Court having competent jurisdiction for redressal of her aforesaid grievances. Liberty so sought is granted.

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The writ petition stands dismissed as not pressed.

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(Mohit Kumar Shah, J)

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sonal/-

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Priya Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Priya Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

Procedural history

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