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2014 DIGILAW 592 (ORI)

Ranjulata Das v. State of Orissa

2014-09-12

B.K.PATEL

body2014
ORDER : B.K. Patel, J. 1. Heard Learned Counsel for the Petitioner & Learned Counsel for the State who accepts notices on behalf of Opp. Party Nos. 1 to 6. In this Writ Petition, the Petitioner has assailed legality of Order Dated 26.10.2007 passed by the Sub-collector, Jajpur dismissing Misc. Appeal (AWW) No. 4 of 2007 in which the Petitioner had assailed selection of Opp. Party No. 7 as Anganwadi Worker of Bihipur Anganwadi Center. 2. It is submitted by the Learned Counsel for the Petitioner that the Petitioner filed the appeal on several grounds including on the ground that Opp. Party No. 7 is not a resident of Bihipur Anganwadi Center area. In connection with such contention, Sub-Collector, Jajpur called for a report by letter dated 9.10.2007 at Annexure-7 from the Tahasildar, Jajpur. Tahasildar, Jajpur caused an enquiry, in course of which, the concerned Revenue Supervisor submitted report at Annexure-8 that Opp. Party No. 7 ordinarily resides in the resident of her husband in another village. However, the order impugned in this Writ Petition was passed by Sub-Collector, Jajpur without considering the enquiry report of the Revenue Supervisor. 3. Having perused the impugned order as well as other materials on record, contentions raised by the Learned Counsel for the Petitioner do not appear to be unfounded. In the impugned order the Sub-Collector has made no reference to the Petitioner's contention that Opp. Party No. 7 is not a resident of the Anganwadi Center area. There is no reference to enquiry caused by the Tahasildar also. In such view of the matter, the impugned order is not sustainable in law. It was incumbent upon the Sub-Collector to deal with all the contentions raised by the Petitioner. The matter is required to be remitted back to the Sub-Collector, Jajpur for reconsideration of the appeal. 4. Accordingly, Order Dated 26.10.2007 passed by the Sub-collector, Jajpur in Misc. Appeal (AWW) No. 4 of 2007 is quashed. Misc. Appeal (AWW) No. 4 of 007 is remitted back to the Sub-Collector, Jajpur for passing fresh order after giving opportunities of being heard to the Petitioner as well as Opp. Party No. 7 dealing with all the contentions raised by the Petitioner in the light of observations made above. 5. The Writ Petition is, accordingly, disposed of. Urgent certified copy of this order be granted on proper application.