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2025 DAILYLAW 32558 (CHH)

JUHI MAHILA SWA SAHAYATA SAMUH v. STATE OF CHHATTISGARH

WPC/4107/2024 · 2025-09-16

Shri Arvind Kumar Verma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 4 2025:CGHC:47710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4107 of 2024 Juhi Mahila Swa Sahayata Samuh Vijayanagar, A Samuh Registered Under The Provisions Of Food Safety And Standards Act, 2006 Having Its Registered Office At Vijayanagar Tahsil Ramanujganj District Balrampur Ramnujganj Chhattisgarh Through Its President Smt.Sadrun Nisha, Wd/o Late Mikali Ansari, Aged About 52 Years, President, Juhi Mahila Swa Sahayata Samuh, Vijayanagar, District Balrampur Ramanujganj Chhattisgarh R/o Village Vijayanagar, Tahsil Ramanujganj Chhattisgarh R/o Village Vijayanagar, Tahsil Ramanujganj, District Balrampur Ramanujganj Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Nava Raipur District Raipur Chhattisgarh 2 - Food Safety And Standards Authority Of India Having Its Head Office At 3rd And 4th Floor, Fda Bhawan, Kotla Road, Near Bal Bhawan, New Delhi Through Its Chief Executive Officer, Food Safety And Standard Authority Of India, 03 Rd And 4th Floor, Fda Bhawan Kotla Road, Near Bal Bhawan, New Delhi 3 - Regional Director Food Safety And Standards Authority Of India Eastern Region, Eastern Regional Office At 5th Floor, Webel Stp Ii, Dn 53 Block Salt Lake, Sector 5, Kolkata (West Bengal) 4 - District Education Officer Ramanujganj District Balrampur Ramanujganj Chhattisgarh ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.09.18 17:29:08 +0530 2 / 4 5 - Sub Divisional Officer (R) Ramanujganj, District Balrampur Ramanujganj Chhattisgarh 6 - Block Education Officer Ramanujganj District Balrampur Ramanujganj Chhattisgarh 7 - Azad Hind Mahila Swa Sahayata Samuh Vijaynagar, Through Its President Premkanti Azad Hind Mahila Swa Sahayata Samuh, Vijayanagar, Tahsil Ramanujganj District Balrampur Ramanujganj Chhattisgarh ... Respondents For Petitioner : Ms. Sakshi Chhabra, Advocate For State : Mr. Saumitra Kesharwani, PL For Respondent No.7: Mr. N.K. Mehta, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 17/09/2025 1. With the consent of the parties, the matter is heard finally. 2. By way of the present writ petition, the petitioner is questioning the order dated 31.07.2024 (Annexure P/1) passed by respondent No.6/Block Education Officer, Ramanujganj, District Balrampur Ramanujganj by which the work assigned to the petitioner for supplying mid-day meal to Govt. Middle School- Vijaynagar has been stopped without any complaint and without having any jurisdiction. 3. Learned Counsel appearing for the petitioner submits that the order impugned has been passed by cancelling the work assigned to the petitioner vide allotment order dated 31.12.2023 for supply mid-day meal to Govt. Middle School- Vijaynagar. The order has been passed 3 / 4 without any complaint received against the petitioner and without giving any opportunity of hearing. The respondent No.6 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. 4. Learned counsel appearing for the respondents/State submits that the work assigned to the petitioner was awarded to Respondent No.7 by cancelling the allotment order of the petitioner on the basis of complaint. Hence, the present writ petition itself is not maintainable as the petitioner has not brought the said fact before the Hon’ble Court. 5. Learned counsel appearing for the respondents No.7 submits that the same work has been assigned to him for supplying mid-day meal to Govt. Middle School- Vijaynagar, passed by respondent No.6 hence, the present writ petition is not maintainable. 6. I have heard learned counsel for the parties and perused the impugned order dated 31.07.2024. 7. 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 Govt. Middle School- Vijaynagar has been cancelled. The said order passed by respondent No.6 without application of mind and for what reason the work assigned to the petitioner has been stayed or cancelled has not 4 / 4 been mentioned which amounts to violation of principles of natural justice. 8. In view of the above, the impugned orders dated 31.07.2024 (Annexure P/1) passed by respondent No.6/ 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 after giving opportunity of hearing to the petitioner within a period of 30 days from the date of receipt of a copy of this order, if so desired. 9. With the aforesaid observation and direction, this writ petition is disposed of. SD/-/- (Arvind Kumar Verma) JUDGE ashu