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2025 DAILYLAW 27155 (CHH)

Ghulam-e-Mustafa Mahila Swa- Sahayata Samuh, v. State of Chhattisgarh

WPC/2394/2019 · 2025-03-11

Shri Rakesh Mohan Pandey

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Judgment text

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-1- 2025:CGHC:12017 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPC No. 2394 of 2019 Ghulam-E-Mustafa Mahila Swa- Sahayata Samuh, Village Devkar, Through Its Secretary Kulsum Bee, W/o Aziz Beg, Aged About 45 Years, Village Devkar Block Saja District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh, Through The Secretary, Department of Women And Child Development, New Mantralaya Mahanadi Bhawan, Atal Nagar Rapuir Chhattisgarh. 2- Collector Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh. 3 - Sub Divisional officer, Revenue Saja District Bemetara Chhattisgarh. 4 - Block Education officer, Saja District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh. 5 - Maa Mahamaya Mahila Swa Sahayata Samuh Devkar Through Its President, Devkar, Block Saja, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh. ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Varun Sharma, Advocate For State : Mr. Vinal Kumar Pandey, Deputy Advocate General Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 11.03.2025 1) The petitioner has challenged the order dated 18/06/2019 (Annexure P/1), passed by the respondent no. 4/Block Education Officer, Saja, Bemetara, Digitally signed by NADIM MOHLE -2- whereby the work order of mid-day-meal supply awarded to the petitioner group was cancelled and same was allotted to the respondent no. 5. 2) Learned counsel appearing for the petitioner group would submit that the petitioner was awarded work of supply of mid-day-meal to various schools. He would further contend that the Block Education officer, Saja (BEO)/respondent No.4 without affording opportunity of hearing, cancelled the order of allotment. He would further submit that the order of allotment was issued by the Sub Divisional Officer (Revenue), [for short, the SDO(R)]; thus, the BEO has no authority to cancel the order passed by the SDO(R) for allotment. He would argue that according to the circular dated 07.08.2012, the Prescribed authority with regard to the allotment, cancellation and constitution of a committee is SDO(R) of Sub Division. He would also contend that the petitioner may be permitted to make a representation before the SDO(R) and the authority concerned may be directed to decide the representation expeditiously. 3) On the other hand, learned Deputy Advocate General would oppose the submission made by Mr. Sharma. 4) Taking into consideration the fact that the work order for supply of mid-day- meal was issued by the SDO(R) to the petitioner group, whereas it has been canceled by BEO, Saja, vide order dated 18.06.2019; thus, the order impugned (Annexure P/1) is contrary to circular dated 07.08.2012. 5) As there is no interim order, the petitioner is permitted to make a representation before the SDO(R), Saja, District-Bemetara and the concerned authority is directed to -3- decide the representation of the petitioner group in objective manner in light of the circular dated 07.08.2012 preferably within a period of 60 days. 6) With the aforesaid observation and direction, this writ petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nadim