Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 32508 (CHH)

JAY GURUDEV MAHILA SWAYAM SAHAYATA SAMUH v. STATE OF CHHATTISGARH

WPC/4142/2024 · 2025-01-14

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 4 2025:CGHC:2257 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4142 of 2024 1 - Jay Gurudev Mahila Swayam Sahayata Samuh Trishuli, Through The President Namely Chanda Devi, Wife Of Shri Heeralal Pando, Aged About 34 Years, Caste Pando Schedule Tribe, R/o Village Trishuli, Tehsil Ramchandrapur, District Balrampur Ramanujganj, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Food, Civil Supply And Consumer Protection Mantralaya, Mahanadi Bhawan Naya Raipur, Post Office Rakhi, District Raipur, Chhattisgarh 2 - The Collector, Balrampur, District Balrampur Ramanujganj, Chhattisgarh 3 - Sub Divisional Officer (Revenue), Ramanujganj, District Balrampur Ramanujganj, Chhattisgarh 4 - Block Education Officer, Ramchandrapur, District Balrampur Ramanujganj, Chhattisgarh 5 - Mahamaya Mahila Swayam Sahaytra Samuh Through Its President Urmila Devi, W/o Shravan, Aged About 35 Years, R/o Village Trishuli, Tehsil Ramchandrapur, District Balrampur Ramanujganj, Chhattisgarh 2 / 4 6 - Meera Mahila Swayam Sahayata Samuh Trishul Through Its President Shanti, Aged About 32 Years, R/o Trishuli, Tehsil Ramchandrapur, District Balrampur Ramanujganj, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Rahul Mishra, Advocate For Respondents/State : Mr. S. S. Choubey, Panel Lawyer For Respondents No.5 & 6 : Mr. A. N. Pandey, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 14/01/2025 1. By the present writ petition, the petitioner is questioning the orders dated 31/07/2024 (Annexure P/1 & P/2) passed by respondent No.4/ Block Education Officer, Balrampur, District Balrampur Ramanujganj by which the work assigned to the petitioner for supplying mid-day meal to Primary and Middle schools, Gaderipara, Trishuli, Tahsil Ramchandrapur has been stayed without any complaint and without having any jurisdiction. 2. Learned Counsel appearing for the petitioner submits that the order impugned has been passed by cancelling the work assigned to the petitioner vide agreement dated 27/12/2021 for supply mid- day meal to Primary and Middle schools. The order has been passed without any complaint received against the petitioner and without giving any opportunity of hearing. The respondent No.4 without having any jurisdiction to pass such orders, cancelled the work assigned to the petitioner by a non-speaking order which amounts to violation of the principles of natural justice. 3 / 4 3. Learned counsel appearing for the respondents/State submits that the work assigned to the petitioner was awarded to the Mahamaya Mahila Swayam Sahayata Samuh, Trishuli by cancelling the allotment order of the petitioner. There was an interim order continuing in favour of the petitioner by which the work assigned to the said Group has been stayed hence, the present writ petition itself is not maintainable as the petitioner has not brought the said fact before the Hon’ble Court. 4. Learned counsel appearing for the respondents No.5 & 6 submits that the same work has been assigned to him for supplying mid- day meal to Primary and Middle schools vide order dated 31/07/2024 passed by respondent No.4 hence, the present writ petition is not maintainable. 5. I have heard learned counsel for the parties and perused the impugned order dated 31/07/2024. 6. The impugned order dated 31/07/2024 appears to be a non- speaking order i.e. without assigning any cogent reason, whereby the work assigned to the petitioner for supplying mid-day meal to Primary and Middle schools has been cancelled. The said order passed by respondent No.4 without application of mind and for what reason the work assigned to the petitioner has been stayed or cancelled has not been mentioned which amounts to violation of principles of natural justice. 7. In view of the above, the impugned orders dated 31/07/2024 (Annexure P/1 & P/2) passed without having any jurisdiction by 4 / 4 respondent No.4/ Block Education Officer, Balrampur is hereby quashed. However, a liberty is reserved for the State to pass necessary order in accordance with law by a speaking and reasoned order within a period of 30 days from the date of receipt of a copy of this order, if so desired. 8. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar