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Patna High Court

Asha DeviversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The writ petition is disposed of as withdrawn.

Summary

Asha Devi filed a writ petition seeking a certiorari to quash two orders dated 03-09-2012 and 29-03-2016 that disengaged her from the position of Aganbari Sevika. The petitioner argued that the orders were illegal and sought relief from the High Court. During the hearing, counsel for the petitioner requested permission to withdraw the writ petition in order to pursue an alternative remedy before the Divisional Commissioner. The Court considered the request and the procedural propriety of allowing a withdrawal at that stage. The Court granted the liberty to withdraw and disposed of the writ petition as withdrawn.

Issues considered

  • Whether the High Court can entertain a writ of certiorari to quash the disengagement orders.
  • Whether the petitioner may withdraw the writ petition after filing and seek relief through an alternative administrative forum.

Subjects

  • writ of certiorari
  • withdrawal of petition
  • public service employment
  • administrative order
  • high court procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5270 of 2017
                 ======================================================
                 Asha Devi Wife of Arvind Kumar, Resident of Village Ibrahimpur, P.S.
                 Desarit, District- Vaishali.

                                                                                 ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           2.    District Collector, Vaishali.
           3.    District Programme Officer, Vaishali.
           4.    Child Development Officer, Sahdei Bujurg, Dist.- Vaishali.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prabhakar Singh, Advocate
                 For the Respondent/s     :      Mrs. Kumari Amrita- GP3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   06-02-2026                   1. The petitioner has filed the instant application for

                   the following reliefs:

                                        “1. That this application for issuance of
                                        appropriate writ / writs in the nature of
                                        certiorari for quashing of the orders dated 03-
                                        09-2012 and 29-03-2016 passed by Respondent
                                        Nos 3 & 2 vide memo no 2077 & Aganbari
                                        Appeal No R-146/2012-13 respectively by which
                                        the petitioners engagement as Aganbari Sevika
                                        was disengaged, is directed in the following facts
                                        and circumstances of the case.”
                               2. It is submitted by learned counsel for the petitioner

                   that he may be permitted to withdraw the application to pursue

                   the alternate remedy available to the petitioner by moving

                   before the Divisional Commissioner for the relief prayed for in
          Patna High Court CWJC No.5270 of 2017(5) dt.06-02-2026
                                                      2/2




                    the instant application.

                                3. This application is disposed of as withdrawn with

                    the aforesaid liberty.



                                               (Partha Sarthy, J)
Bibhash

U


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