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2025 DAILYLAW 35397 (CHH)

KSHITIZ KUMAR RAWTE v. STATE OF CHHATTISGARH

WPC/3773/2025 · 2025-07-20

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:34422 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3773 of 2025 Kshitiz Kumar Rawte S/o Shri Salik Ram Rawte Aged About 30 Years R/o Village- Manipur, Near Bus Stand, District- Mohla-Manpur- Ambagarh-Chowki (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Information Technology, Electronics And Communication, Mantralaya, Raipur 2 - State Of Chhattisgarh Though Secretary, General Administration Department, Headquarter, Sector 19, Atal Nagar, Raipur, Chhattisgarh 3 - Collector Mohla-Manpur-Ambagarh-Chowki District Mohla- Manpur-Ambagarh-Chowki (C.G.) 4 - Deputy Collector Mohla-Manpur-Ambagarh-Chowki, District- Mohla-Manpur-Ambagarh-Chowki (C.G.) 5 - Office Of District E-Governance Society Mohla-Manpur- Ambagarh-Chowki (C.G.) 6 - Unique Identification Authority Of India (Uidai) Represented By Its Chief Executive Officer Ceo Office At 3rd Floor Tower Ii Jeevan Bharti Building, Cannaught Circus, New Delhi 7 - Chhattisgarh Infotech Promotion Society 3rd Floor, Sdc Building, Opp. New Circuit House, Civil Lines, Raipur, Chhattisgarh 492001 8 - Deputy Director General Unique Identification Authority Of India, Regional Office, Hyderabad. ---- Respondents VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.21 17:10:37 +0530 2 For Petitioner : Mr. Rishabh Bisen, Advocate For State : Ms. Upasana Mehta, Dy. GA For Union of India : Mr. Rishabh Dev Singh, Advocate on behalf of Mr. Ramakant Mishra, DSGI For Respondent No.7 : Mr. Rajesh Kumar Kesharwani, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 21/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1 This Hon’ble Court be pleased to call the entire record of the case. 10.2 This Hon'ble Court be pleased to stay the effect and operation with regards to the petitioner/no coercive step til the final outcome of this petition or till the concerned authority give opportunity of hearing to the petitioner with clearance of the dispute and set-aside the letter/notice dated 07.05.2025 (Annexure P/6) Passed by the Office of CHIPS ie Chief Executive officer and 29.05.2025 (Annexure P/7) passed by the Deputy Collector office of Collector (E-Governance Society) District: Mohla- Manpur-Ambagarh-Chowki (C.G). 3 10.3 This Hon'ble Court be further Pleased to pass Such order in Favour of the petitioner against the respondent as it may deem fit under the facts and circumstances. 10.4 Costs of the Petition may be allowed.” 2. Counsel for the petitioner contended that the petitioner is the Aadhaar Operator and he has served with the Common order of depositing/clearance of the penalty, which petitioner is agree to deposit but in calculation of penalty there is several mistakes in calculation and also there is no direction/clause for opportunity of hearing and there is no clause of payment which petitioner has to take from the concerned respondent/CHIPS for the work done by the petitioner, that there is arbitrary and illegal notice was issued for clearance of the penalties only but there is no clause/direction for the amount which has to be paid by the CHIPS to petitioner and due to non-clearance of the penalty, petitioner couldn't be able to avail himself for In House Model as petitioner is currently working under VLE Model. 3. On 07.05.2025 (Annexure P/6), respondent No.7 issued a direction to all the Collectors of the State regarding implementation of In-House model of Aadhar services in the State with criteria that Operators with no payment pendency/recovery against Aadhar services to ChiPS would be considered for unboarding process for ECMP/UCL apalication. Any outstanding payment, owed to any operator, should be 4 settled using the ChiPS Payment wallet system or any other mode suggested by CHiPS. 4. Learned counsel for respondents oppose the submission made by counsel for the petitioner. 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage, the petition is disposed of permitting to the petitioner to file representation raising his all grievances before the Respondent No.3 within ‘15 days’ from today and in-turn Respondent No.3 shall consider and decide the petitioner’s representation in accordance with rules, regulations and law, expeditiously preferably within a period of ‘45 days’ from the date of receipt of representation. 7. Meanwhile, no coercive action shall be taken against the petitioner. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge Vasant