Patna High Court
Soni KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
No intra‑court appeal lies against an order passed with the consent of the parties.
Summary
Soni Kumari filed a writ petition challenging a 18 July 2022 order by the Collector‑cum‑District Magistrate that cancelled her appointment as Anganwadi Sevika and sought her reinstatement and appointment over a rival candidate. The Single Judge dismissed the writ, granting her liberty to pursue alternative remedies. An appeal under Letters Patent was filed against that dismissal. The High Court observed that the dismissal order was passed with the express consent of the parties, and under settled law an intra‑court appeal is not permissible against a consent order. Consequently, the Court found no merit in the appeal and dismissed it. The appeal was therefore dismissed with any pending applications disposed of.
Issues considered
- Whether an intra‑court appeal lies against an order passed with the consent of the parties
Subjects
- intra‑court appeal
- consent order
- letters patent appeal
- writ jurisdiction
- administrative appointment
- Anganwadi Sevika
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.839 of 2024
In
Civil Writ Jurisdiction Case No.7930 of 2023
======================================================
Soni Kumari W/o- Arun Kumar, Resident of Village- Parewa Ward no. 01
P.O.- Kapurpakari, Police Station- Shikarganj, Panchayat- Parewa, District-
East Champaran.
... ... Appellant/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Social Welfare Department, Government of Bihar,
Patna.
3. The Director, ICDS Department, Government of Bihar, Patna.
4. The District Magistrate, East Champaran at Motihari.
5. The District Program Officer (ICDS), East Champaran at Motihari.
6. The Child Development Project Officer, Chiraiya, District- East Champaran.
7. The Lady Supervision-cum-Member Secretary, Ward No.- 01, Gram
Panchayat Raj Parewa, District- East Champaran.
8. Ward Member, Ward No.-01, Resident of Village- Parewa, P.O.-
Kapurpakari, Police Station- Shikarganj, District- East Champaran.
9. Rina Kumar W/o Sunil Sah, Resident of Village- Parewa, Ward No.- 01,
P.O.- Kapurpakari, Police Station- Shikarganj, District- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jitendra Kumar, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
5 16-01-2026 The present Letters Patent Appeal has been preferred
against the order dated 28.11.2023 passed in CWJC No. 7930 of
2023, whereby the writ application was dismissed.
2. The writ application was filed for the following
reliefs before the learned Single Judge:-
Patna High Court L.P.A No.839 of 2024(5) dt.16-01-2026
2/4
i. For issuance of appropriate writ/s
rules/rules, direction/s especial in the nature of
certiorari to quashed/set aside the order dated
18.07.2022 passed by learned Collector-cum-
District Magistrate, East Champaran at Motihari
whereby and whereunder canceled the appeal
filed by petitioner bearing Aaganwari bearing
Case No- 91/2020 (Annexure-11) and
continuedated 14.10.2019 passed in Aaganwari
Case No- 42/2018 passed by D.P.O. East
Champaran, Motihari, (Annexure-7) whereby and
where under Cancelled the appointment of the
petitioner (Annexure-6) on the post of Aaganwari
Sevika on her concern center.
ii. For issue appropriate order/orders,
direction/directions to the respondent concern to
appointed to the petitioner on the post of
Aaganwari Sevika on her concern center no-294,
ward no 01, village- Parewa, panchayat- Parewa,
Block- Chiraiya, District-East Champaran, who
has more marks than the Rina Kumari (Resp.
No.09), and got 1st Megha Rank.
iii. For issuance of rule/rules,
direction/directions, order/orders, as your
lordships may found fit and proper to the facts and
circumstances of the case for which the petitioner
may found legally entitle thereto.
3. When the matter was taken up for hearing before
Patna High Court L.P.A No.839 of 2024(5) dt.16-01-2026
3/4
the writ Court, the learned Single Judge after taking into
account the submissions of the parties, made the following
observation in the impugned order:-
2. At the outset, the learned counsel
for the petitioner seeks not to press the present
writ petition, however, seeks liberty on behalf of
the petitioner to avail such other alternative
remedies as are otherwise available under the
law, including that of filing a suit before the
learned civil court of competent jurisdiction.
Liberty, so sought, is granted.
4. From a bare perusal of the order dated 28.11.2023
passed in CWJC No. 7930 of 2023, particularly Paragraph No. 2
thereof, it is evident that the said order was passed with the
express consent of the parties, as recorded by the writ Court
itself.
5. It is a settled position of law that no intra-court
appeal lies against an order passed with the consent of the
parties. Once a litigant was consciously agreed to the passing of
an order, the same cannot thereafter be subjected to appellate
scrutiny.
6. In view of the aforesaid, this Court finds no merit
in the present appeal.
7. Accordingly, the present appeal stands dismissed.
Patna High Court L.P.A No.839 of 2024(5) dt.16-01-2026
4/4
8. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
(Ritesh Kumar, J)
Anushka/-
U
Checking your session…