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Patna High Court

Shabnam KumariversusThe State Of Bihar through the Additional Chief Secretary,

Decided
Disposal
WITHDRAWN

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The Court held that the writ petition may be withdrawn and the petitioner may be permitted to file an appeal within 30 days, with the delay condoned.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 Consequently, the writ petition was dismissed as withdrawn, with the petitioner permitted to pursue the matter through the appropriate appellate forum.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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