Patna High Court
Shabnam KumariversusThe State Of Bihar through the Additional Chief Secretary,
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
Holding
The Court held that the writ petition may be withdrawn and the petitioner may be permitted to file an appeal within 30 days, with the delay condoned.
Summary
Shabnam Kumari filed a civil writ petition challenging the appointment process under the Anganbari Sevika and Sahayika Appointment Guidelines, 2019. After hearing, the petitioner’s counsel sought permission to withdraw the petition and to file an appeal before the Commissioner. The State’s counsel raised no objection to the withdrawal. The Court allowed the withdrawal, granting liberty to prefer an appeal within thirty days and directing that any delay in filing the appeal be condoned. Consequently, the writ petition was dismissed as withdrawn, with the petitioner permitted to pursue the matter through the appropriate appellate forum.
Issues considered
- Whether the petitioner may withdraw the writ petition and be allowed to file an appeal before the Commissioner.
- Whether the Court can condone any delay in filing the appeal after withdrawal.
Subjects
- writ petition
- withdrawal
- appeal
- condonation of delay
- Anganbari Sevika
- Sahayika
- appointment guidelines
- child development
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8392 of 2025
======================================================
Shabnam Kumari Wife of Pratosh Kumar, Resident of Village- Laharnia,
Ward no. 7, Panchayat, Mirzawa, P.S. Triveniganj, Block- Triveniganj,
District- Supaul.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Additional Chief Secretary, Social Welfare
Department, Government of Bihar, Patna
2. The Director, Integrated Child Development Schemes, Government of Bihar,
Patna.
3. The Collector-Cum-District Magistrate, Supaul.
4. The District Programme Officer (I.C.D.S.), Supaul.
5. The Child Development Project Officer, Triveniganj, District- Supaul.
6. Babita Kumari@ Babita Rani, Daughter of Kameshwar Prasad Yadav@
Kamleshwar Yadav, W/o Sushil Kumar, Resident of Village- Laharnia, Ward
No. 7, Panchayat - Mirzawa, P.S. Triveniganj, Block-Triveniganj, District-
Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar, Advocate
Mr. Pranav Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel (7)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. After some arguments, learned counsel for the
petitioner seeks permission to withdraw the present writ petition
with liberty to prefer an appeal before the Commissioner, as the
appointment has been made in terms of the Anganbari Sevika
and Sahayika Appointment Guidelines, 2019.
3. Learned counsel for the State has no objection for
the same.
Patna High Court CWJC No.8392 of 2025(2) dt.23-04-2026
2/2
4. It is made clear that if the petitioner prefers an
appeal within 30 days from today, the delay in filing the appeal
is hereby directed to be condoned.
5. Accordingly, the present writ petition stands
dismissed as withdrawn with the aforesaid liberty.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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