Patna High Court
Poonam KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The High Court dismissed the writ petition, refusing to set aside the order dismissing the appeal for default.
Summary
The petitioner, Poonam Kumari, sought a writ to quash the order dated 17-07-2023 in which the Collector of Siwan dismissed her Anganwadi appeal for default, alleging a violation of natural justice. She contended that procedural lapses and counsel’s mistake prevented her from being heard, and she relied on earlier orders granting liberty to appeal. The State argued that the petitioner never appeared before the appellate authority and that the dismissal for default was proper. The Court noted that the dispute originated in 2012 and had been repeatedly decided by the Collector and the Commissioner, with the petitioner failing to appear despite multiple opportunities. Observing the long‑standing litigation history and the petitioner’s non‑appearance, the Court declined to interfere and dismissed the writ petition.
Issues considered
- Does the dismissal of the Anganwadi appeal for default infringe the principles of natural justice?
- Is the petitioner entitled to relief setting aside the order dated 17-07-2023?
- Should the High Court intervene despite prior decisions by the Collector and Commissioner?
Subjects
- natural justice
- default dismissal
- Anganwadi Sevika appointment
- writ petition
- procedural fairness
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7556 of 2025
======================================================
Poonam Kumari W/o- Ambila Manjhi @ Amika Majhi @ Amika Manjhi,
Resident of Mohalla- SC/ST Tola, Mahadeca in front of Sheomandir, P.O. and
P.S.- Siwan Mufasil, District -Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Ministry of Social Welfare
Department, Government of Bihar, Patna.
2. The Commissioner, Siwan.
3. The District Magistrate, Siwan.
4. Additional Collector, Siwan.
5. District Program Officer, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Kumar, Advocate
For the State : Mr. Vivek Pd. (GP-7)
Ms. Manisha Singh (AC to GP-7)
Ms. Mita Kumari, (AC to GP-7)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 30-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for issuance
of an appropriate writ(s) or order(s) or direction(s) for the
following relief/s:-
“I. For issuance of a writ(s) or order(s) or
direction(s) to respondents quashing order
dated 17-07-2023 passed by respondent no 3
in the Anganwari Appeal no-22/2022-23
whereby and where under he was pleased to
reject the application of petitioner on the
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ground of that if it is non appearance or
dismissed on default and not fit for to admit,
so that the court has not been given proper
opportunity to hear on the ground of the
matter of the petitioner, it is violation of
natural justice and fit to be dismissed.
II. For issuance of writ(s) or Order(s) or
direction(s) to the respondents for directing
them to allow the restoration petition for the
Anganwari Appeal no. 22/2022-23 to be heard
and opportunity to show the actual matter
before competent authority.
III. For pass such order /orders as your
lordship may grant of any other relief or
reliefs to which the petitioner is found entitled
in the facts and circumstances of this case.”
3. Learned counsel for the petitioner submits that the
petitioner had earlier moved before this Hon’ble Court in
C.W.J.C. No. 18638 of 2015 which was disposed of vide order
dated 08.01.2019 with liberty granted to the petitioner to move
her appeal before the appropriate authority. Subsequently, the
petitioner filed modification application bearing M.J.C. No.
3321 of 2019 which was permitted to be withdrawn vide order
dated 18.05.2022 with liberty to file her appeal before the
appropriate authority. He submits that the petitioner moved her
appeal, but due to counsel’s mistake, hearing could not take
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place and the Appellate Authority dismissed the appeal.
Thereafter, the petitioner has preferred the present writ petition
for setting aside the order dated 17-07-2023 passed in
Anganbadi Appeal Case No.-22/2022-23.
4. Learned counsel for the State, on the other hand,
submits that from the history of this case, it become crystal clear
that the petitioner is not interested to contest. Counsel submits
that the matter is relating to appointment of Anganbadi Sevika at
Centre No. 175 of the year 2012, against which, appeal was
filed before the Collector, Siwan (Appellate Authority) bearing
Misc. Appeal Case No. 55/2012-13 which was dismissed by the
Collector, Siwan vide order dated 13.08.2012 and affirmed the
order of the D.P.O. Thereafter, the petitioner has preferred writ
application bearing C.W.J.C. No. 18638 of 2015 which was
disposed of vide order dated 08.01.2019 with liberty granted to
the petitioner to move her appeal before the appropriate
authority. Counsel further submits that the petitioner thereafter
preferred modification application bearing M.J.C. No. 3321 of
2019 which was permitted to be withdrawn vide order dated
18.05.2022 with liberty to file her appeal before the appropriate
authority in terms of order dated 08.01.2019. Thereafter, the
petitioner filed Anganbadi Appeal Case No. 22/2022-23, which
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was dismissed by the Collector, Siwan vide order dated
17.07.2023. Counsel submits that from the order impugned, it
become crystal clear that after filing the said appeal i.e.
Anganbadi Appeal Case No. 22/2022-23, the petitioner or her
counsel never appeared before the Appellate Authority for
pressing her case, and it is due to this reason, the said appeal
was dismissed for default.
5. In the light of the submissions made, it transpires to
this Court that the contest is going on since 2012 and the matter
has already been decided by the Collector, Siwan in Misc.
Appeal Case No. 55/2012-13. Thereafter, the petitioner
preferred appeal before the Commissioner being Chapra Appeal
No. 267 of 2012 which was also dismissed. Thereafter, the
petitioner moved before this Hon’ble Court in C.W.J.C. No.
18638 of 2015. The petitioner at the time of hearing did not
placed before the court that appeal has already been decided by
the Collector in Misc. Appeal Case No. 55/2012-13 against the
petitioner, and again preferred appeal before the Collector and
the Collector in respect of order passed by this Court in
C.W.J.C. No. 18638 of 2015 dated 08.01.2019 and order passed
in M.J.C. No. 3321 of 2019 dated 18.05.2022 has entertained
the petitioner’s appeal. But, the petitioner did not appeared.
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6. In this background, this Court is not inclined to
interfere in this matter. Hence, the present writ petition stands
dismissed.
(Dr. Anshuman, J)
Divyansh/-
U
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