Created by Fuzzy Cloud

Patna High Court

Priyanka Kumari @ Priyanka DeviversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition was dismissed as withdrawn after the Court granted permission to withdraw the writ petition.

Summary

Petitioner Priyanka Kumari filed a writ petition challenging an inquiry report of a three‑member committee that held her Anganwadi Sevika posting was invalid because the villages of Chordihara and Sarhula were said to belong to different wards. She sought a writ of certiorari to quash the report and a writ of mandamus directing the authorities to allow her to continue as Anganwadi Sevika of Ward No. 12, asserting that the villages form a single ward for electoral purposes. The respondents, representing various officials of the Department of Social Welfare, opposed the petition. During the hearing, counsel for the petitioner requested permission to withdraw the petition to pursue appropriate remedial steps. The Court granted the withdrawal request and dismissed the writ petition as withdrawn.

Issues considered

  • Whether the three‑member committee's inquiry report determining ward boundaries and the petitioner’s eligibility as Anganwadi Sevika is liable to be quashed by a writ of certiorari.
  • Whether the petitioner is entitled to a writ of mandamus directing the respondents to allow her to continue in the post of Anganwadi Sevika of Ward No. 12.

Subjects

  • writ petition
  • certiorari
  • mandamus
  • Anganwadi Sevika
  • ward jurisdiction
  • withdrawal of petition
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.13310 of 2022
                 ======================================================
                 Priyanka Kumari @ Priyanka Devi W/o Alok Kumar Singh Resident of Tola-
                 Chordihara, Village- Sarahula, P.O.- Harnathpur, P.S.- Mohania, Block-
                 Mohania, District- Kaimur (Bhabhua).

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department of Social
                 Welfare, Government of Bihar, Patna.
           2.    The Director, Integrated Child Development Scheme (ICDS), Department of
                 Social Welfare, Government of Bihar, Patna.
           3.    The Deputy Director, Department of Welfare, Patna Division, Patna, Bihar.
           4.    The District Magistrate, Kaimur at Bhabhua.
           5.    The District Programme Officer (ICDS), Kaimur at Bhabhua.
           6.    The Child Development Project Officer, Block- Mohania (Kaimur).
           7.    The Chairman-cum-Ward Member, Sevika Sahayika Selection Committee,
                 Anganwari Centre Code- 243, Ward No. 12, Gram Panchayat- Baghini,
                 Block- Mohania, District- Kaimur.
           8.    The Vice-President-cum-Ward Panch, Sevika Sahayika Selection
                 Committee, Ward No. 12, Anganwari Centre Code- 243, Gram Panchayat-
                 Baghini, Block- Mohania, District- Kaimur.
           9.    The Secretary-cum-Mahila Supervisor, Sevika Sahayika Selection
                 Committee, Ward No. 12, Anganwari Centre Code- 243, Gram Panchayat-
                 Baghini, Block- Mohania, District- Kaimur.
           10. The Selection Committee, Ward No. 12, Anganwari Centre Code- 243,
               Gram Panchayat- Baghini, Block- Mohania, District- Kaimur.
           11. The Mahila Supervisor, the Child Development Project Officer, Block-
               Mohania, District- Kaimur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Saroj Kumar, Advocate
                 For the Respondent/s   :     Mr. Prashant Pratap (GP-2)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   13-01-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for the
Patna High Court CWJC No.13310 of 2022(2) dt.13-01-2026
                                             2/4




          following relief/s:-

                                       “I.         To        issue   an    appropriate
                                       writ/order/direction in the nature of writ
                                       of Certiorari for quashing the inquiry
                                       report       made        by   the   Three       Men
                                       Committee dated 21.05.2022 by which
                                       the Committee had hold that an
                                       inspection of Village- Chordihra and
                                       Village- Sarhula which comes under the
                                       purview          of    Ward   No.   12      &    11
                                       respectively and the Committee found
                                       that the Village Sarhula comes under the
                                       purview of Ward No. 11 where the
                                       Anganwari Sevika Priyanka Devi is
                                       residing. It is stated that two wards,
                                       Ward No. 11 & 12 is together made of
                                       Village Chaudihra & Sarhula (in short
                                       full voters of village Choradihara +
                                       some voters of village Sarahula = ward
                                       no 12, And only Some voters of village
                                       Sarahula = ward no.11) i.e. Various
                                       persons of Village Sarhula belong to
                                       Ward No. 11 & 12. Even the person who
                                       belongs to Ward No. 12 and his father
                                       belongs to Ward No. 11 and as such it
                                       cannot be said that the Ward No. 11 &
                                       12 are separate wards and as such the
                                       candidate of Anganwari Sevika of Ward
                                       No. 12 can be made candidate of village
Patna High Court CWJC No.13310 of 2022(2) dt.13-01-2026
                                             3/4




                                       Sarahula and ward no.11.
                                       II.         To      issue    an     appropriate
                                       writ/order/direction in the nature of writ
                                       of Mandamus directing the respondents
                                       to     let       continue   the   petitioner   as
                                       Anganwari Sevika of Village Sarhula,
                                       Panchayat Bagani, Distict- Kaimur of
                                       Ward No. 12 as the petitioner is
                                       permanent resident of Ward No. 12,
                                       Village Sarahula and various persons of
                                       Village Sarahula are resident of Ward
                                       No. 12 as well Ward No. 11. Since the
                                       year 2015, the petitioner is also a voter
                                       of the same ward which is at serial no.
                                       308. Since the year 2019, the petitioner
                                       is a Anganwari Sevika and continued on
                                       that post but now in the inquiry report
                                       they have hold that Ward No. 11 & 12
                                       are different and have been made of two
                                       different villages separately, which is
                                       actually not correct. But being relied
                                       upon the report of three members
                                       committee the Hon'ble Court rejected
                                       the prayer of the petitioner prayed in
                                       CWJC no 23937/2019 and ignored the
                                       facts mentioned in different paragraphs
                                       by only providing liberty to assail the
                                       findings of the three members committee
                                       in accordance with law.
                                       III. To any other relief or reliefs for
             Patna High Court CWJC No.13310 of 2022(2) dt.13-01-2026
                                                        4/4




                                                    which the petitioner is found to be
                                                    entitled in the facts and circumstances
                                                    of the case.”


                                   3. After some argument, learned counsel for the

                       petitioner seeks permission to withdraw this writ petition to take

                       appropriate steps in accordance with law.

                                   4. Permission is granted.

                                   5. As such, the present writ petition stands dismissed

                       as withdrawn.



                                                                 (Dr. Anshuman, J)
Divyansh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.