KAMALPHUL MAHILA SWA- SAHAYATA SAMUH VIJAY NAGAR v. STATE OF CHHATTISGARH
WPC/4602/2024 · 2025-01-15
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36394 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36394 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4602 of 2024 1 - Kamalphul Mahila Swa- Sahayata Samuh Vijay Nagar Tahsil Ramanujganj, District Balrampur-Ramanujganj (C.G.), Through Its President Tasrun Nesha, Wife Of Balal Ahmad Ansari, Aged About 43 Years, Resident Of Vijay Nagar, Tahsil Ramanujganj, District Balrampur- Ramanujganj (C.G.)
Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary Department Of Food Civil Supplies, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh 2 - Secretary Department Of School Education, State Of Chhattisgarh Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh 3 - Collector, Balrampur District Balrampur-Ramanujganj, Chhattisgarh 4 - District Education Officer, Ramanujganj District Balrampur- Ramanujganj, Chhattisgarh 5 - Sub Divisional Officer (Revenue), Ramanujganj District Balrampur- Ramanujganj, Chhattisgarh 6 - Block Education Officer Block Ramanujganj, District Balrampur- Ramanujganj, Chhattisgarh7 - Block Education Officer Block Ramchandrapur, District Balrampur-Ramanujganj, Chhattisgarh RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.01.17 18:45:57 +0530
2 8 - Mead Master Govt. Primary School Vijay Nagar, Block Ramchandrapur, District Balrampur-Ramanujganj, Chhattisgarh 9 - Radha Mahila Swa-Sahayata Samuh Vijay Nagar, Block Ramchandrapur, District Balrampur-Ramanujganj, Chhattisgarh
Respondent(s) (Cause title is taken from CIS) For Petitioner(s) : Mr. A.N. Pandey, Advocate For State : Mr. S.S. Choubey, PL For Respondent No.9 : None (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 15/01/2025
1. Though notice has been served upon on respondent No.9, but none appears on behalf of respondent No.9.
2. By the present writ petition, the petitioner is questioning the orders dated 31/07/2024 (Annexure P/1) passed by respondent No.7/ Block Education Officer, Balrampur, District Balrampur Ramanujganj by which the work assigned to the petitioner for supplying mid-day meal to Govt. Primary School, Vijay Nagar, Block Sankur Kendra Mahavirganj has been cancelled 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 agreement dated 21/10/2019 for supply mid- day meal to Govt. Primary School, Vijay Nagar, Block Sankur Kendra Mahavirganj. The order has been passed without any complaint received against the petitioner and without giving any
3 opportunity of hearing. The respondent No.7 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 the Govt. Primary School, Vijay Nagar, Block Sankur Kendra Mahavirganj 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. 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 Govt. Primary School, Vijay Nagar, Block Sankur Kendra Mahavirganj has been cancelled. The said order passed by respondent No.7 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) passed by respondent No.7/ Block Education
4 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 Rahul