Chandravati Dhakad vs State Of M.P.

NEUTRAL CITATION NO. 2026:MPHC-GWL:27060
1 WP-5488-2010
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT
th
ON THE 9 OF SEPTEMBER, 2026
WRIT PETITION No. 5488 of 2010
CHANDRAVATI DHAKAD
Versus
STATE OF M.P. AND OTHERS
Appearance:
Shri Yogesh Chaturvedi - Advocate for the petitioner.
Shri K.K. Prajapati - Government Advocate for respondents No. 1 to
6/State.
Shri Ayush Chourasia - Advocate for respondent No. 8.
ORDER
Present petition under Article 226 of the Constitution of India has been
filed seeking the following reliefs:-
"It is therefore, humbly prayed that this petition may kindly be al
owed and writ of mandamus, certiorari or any other writ: or order
may kindly be issued and the impugned order Annexure-P/1 dated
20/07/2010 passed by the respondent No.4 may kindly be set aside
and if it is found that the petitioner is a only candidate for the
appointment, the necessary direction to the respondent No.4 may
kindly be issued to issue appointment order of the petitioner and
any other suitable writ, order or direction in the facts and
circumstances of the case may kindly be passed in the interest of
justice."
2. Vide order dated 17.01.2019, this Court had passed the following
order:-
"In this petition, the petitioner is aggrieved by appointment
of respondent No. 8 Smt. Anjana Soni on the post of
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 9/9/2026
6:25:13 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:27060
2 WP-5488-2010
Anganwadi worker.

The grievance of the petitioner is that the respondents No. 2
to 4 invited applications for appointment of Anganwadi
workers for Anganwadi centre situated at Semrakhurd,
District Guna. The petitioner, respondent No. 8 and other
candidates submitted their application for appointment on the
post of Anganwadi worker. The respondent No. 8 is not the
resident of village Semrakhurd, Gram Panchayat Natai, Dist.
Guna. It is submitted that the respondent No. 8 has submitted
forged domicile certificate and on the basis of such
certificate, she was appointed without deciding the objection
raised by the petitioner.

The matter was heard at length. During the course of
arguments, learned Senior counsel for the petitioner submits
that respondent No. 8 is not resident of Semrakhurd, but is
the resident of village Jamner, therefore, she cannot be
appointed as Anganwadi worker. In support of his
contention, he took this Court through various documents
filed along with the petition to demonstrate that respondent
No. 8 is the resident of village Jamner and not the resident of
village Semrakhurd.

Per contra, learned counsel for the respondent No. 8 in
support of his contention by showing certain documents also
demonstrated that respondent No. 8 is the resident of village
Semrakhurd.

The impugned order does not reflect the fact that proper
enquiry was conducted before issuing the appointment order.
It appears that the documents produced along with the writ
petition by both the parties have not been taken into
consideration while deciding the factum of residential
address of the petitioner as well as respondent No. 8. In such
circumstances, this Court deems it appropriate to direct the
Tahsildar, Aron, District Guna to conduct detailed enquiry
on the basis of documents available on record with regard to
residential address of the petitioner as well as respondent No.
8 after affording due opportunity of hearing to both the
parties and submit the report before this Court as
expeditiously as possible preferably within a period of two
months from the date of communication of this order.

Let a typed copy of this order be supplied free of cost to
learned Government Advocate for necessary compliance of
the order.

List this matter after two months along with record of
disposed of W.P. No. 7195/2012."

Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 9/9/2026
6:25:13 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:27060
3 WP-5488-2010
3. Thereafter, Tahsildar, Pargana Aron, District Guna submitted his

report dated 19.03.2021 (Annexure R-4). In the aforesaid report, Tahsildar
has also mentioned about the order dated 20.03.2012 passed by SDO,
Pargana Aron in Case No.70/Appeal/2009-10 and learned counsel for
respondent No. 8 submitted that aforesaid order dated 20.03.2012 has already
been quashed by the Additional Collector vide order dated 31.07.2012.
4. Learned counsel for the parties jointly submitted that present
petition may be disposed of with a direction to the Collector, Guna to decide
the matter afresh after considering the Tahsildar's report dated 19.03.2021
and the order dated 20.03.2012 passed by SDO, Pargana Aron.
5. Considering the aforesaid, this petition is disposed of with following
directions:-
(i) The Collector, Guna is directed to decide the matter
afresh after considering the Tahsildar's report dated 19.03.2021
and the order dated 20.03.2012 passed by SDO, Pargana Aron and
also consider the entire case afresh and pass a detailed and
speaking order in accordance with law within a period of three
months from the date of receipt of certified copy of this order,
after giving personal opportunity of hearing to petitioner as well as
respondent No. 8.
(ii) The Collector, Guna is also directed to consider the case
that whether on the cut of date, i.e., last date of submission of
application form (April, 2010), respondent No. 8 was permanent
resident of village Semrakhurd or village Jamner.
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 9/9/2026
6:25:13 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:27060
4 WP-5488-2010
(iii) The petitioner as well as respondent No. 8 are free to

submit all the documents before the Collector, Guna and on that
basis, Collector, Guna is directed to pass a detailed and speaking
order after considering the advertisement and relevant policy.
6. Pending IA, if any, is also disposed of accordingly.
(ANAND SINGH BAHRAWAT)
JUDGE
Abhi

Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 9/9/2026
6:25:13 AM