Patna High Court - Orders
Pinki Kumari @ Hira Devi vs The State Of Bihar & Ors on 13 August, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1785 of 2010
1. PINKI KUMARI @ HIRA DEVI W/O MUKESH KUMAR ALIA MANGAL
SAH R/O VILL- BARDAUNI, PO- BARAHI, P.S BITHAN, DISTT-
SAMASTIPUR
Versus
1. THE STATE OF BIHAR
2. THE COMMISSIONER, DARBHANGA DIVISION, DARBHANGA
3. THE COLLECTOR, SAMASTIPUR, DISTT- SAMASTIPUR
4. THE DISTRICT WELFARE OFFICER, SAMASTIPUR, DISTT-
SAMASTIPUR
5. THE SUB-DIVISIONAL MAGISTRATE, ROSERA, DISTT- SAMASTIPUR
6. THE CHILD DEVELOPMENT PROJECT OFFICER, BITHAN DISTT-
SAMASTIPUR
7. THE MUKHIYA, GRAM PANCHAYAT RAJ SOHMA, P.S BITHAN,
DISTT- SAMASTIPUR
8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ SOHMA,
P.S- BITHAN, DISTT- SAMASTIPUR
9. SMT. DHARAMSHILA DEVI W/O VIJAY KUMAR PODDAR R/O VILL
BARDAUNI, P.S BITHAN, PO & DISTT-
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3. 13.8.2010Learned counsel for the petitioner submits that though her defence was that she and her husband both had an "alias" name also, there is no discussion in the impugned order of this defence holding that they were different and other persons.
Let the State file a counter affidavit. It must specifically state that if an enquiry had been made whether the petitioner and her husband and those with the alias name were one and the same person or different persons. The impugned order does not reflect that any enquiry on this aspect had been held, as it contains no finding of this aspect.
Issue notice to respondent no. 9, both under registered cover as well as ordinary process, for which 2 requisites etc. must be filed within one week, failing which this application shall stand rejected without further reference to a Bench.
In the meantime, status quo between the petitioner and respondent no. 9 on the post of Anganwari Sewika shall be maintained.
P. Kumar ( Navin Sinha,, J.)