SUBHASHATI Vs. CHANDRAJYOTI SINGH

JUDGEMENT

(1.) THIS matter is posted today for orders on IA No. 8546/2014, an application for urgent hearing. However, looking to the controversy involved and the fact that the writ petition is not yet admitted though the notices were issued to the respondents and the respondents No. 2 and 3 have already filed their return, the matter is heard finally.

(2.) THE grievance of the petitioner is against the order dated 8.10.2010 passed in an appeal filed by the petitioner against the order of Additional Collector, Katni, passed on 21.4.2010 in an appeal filed by the respondent No. 1.

(3.) WHILE issuing notices, this Court has granted time to respondent No. 1 to place her contest in respect of the claim made in the writ petition. The order sheet reflects that opportunity was granted to the respondent No. 1 and even SPC was issued to her intimating about the pendency of the present writ petition, but no return whatsoever has been filed by her though a caveat was lodged. The respondents No. 2 and 3 alone have filed their return contending inter -alia that the selection of the petitioner was improperly made as she was not the local resident of Ward No. 11 where the Aganwadi Centre was to be opened and, therefore, findings were recorded by the appellate authority. It is contended that since the quasi judicial function is discharged by the appellate authority, the concurrent findings recorded by the said authority are not to be interfered with by this Court in exercise of powers under Article 226 of the Constitution of India. It is contended that since the writ petition is misconceived, the same deserved to be dismissed.