OM ALI MAHILA SWA SAHAYATA SAMUH KANAKPUR v. STATE OF CHHATTISGARH
WPC/5263/2024 · 2025-01-21
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40872 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40872 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:3794
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5263 of 2024 1 - Om Ali Mahila Swa Sahayata Samuh Kanakpur Tahsil Ramanujganj, District Balrampur-Ramanujganj (Chhattisgarh), Through Its President Jamila, Wife Of Jeyarat Ansari, Aged About 42 Years Resident Of Kanakpur, Tahsil Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh
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, 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, Chhattisgarh 7 - Block Education Officer Block Ramchandrapur, District Balrampur- Ramanujganj, Chhattisgarh RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.01.23 10:35:37 +0530
2 8 - Head Master Govt. Primary School Khuthanpara, Kanakpur Block Ramchandrapur, District Balrampur-Ramanujganj, Chhattisgarh 9 - Rani Laxmi Bai Mahila Swa-Sahayata Samuh Kanakpur, Block Ramchandrapur, District Balrampur-Ramanujganj Chhattisgarh
Respondent(s) For Petitioner(s) : Mr. Dashrath Kushwaha, Advocate For State : Mr. Ritesh Giri, PL For Respondent No.9 ; None (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 21/01/2025
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 30/08/2024 (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, Khuthanpara, Kanakpur Block Ramchandrapur has been cancelled without any complaint.
3.
Learned Counsel appearing for the petitioner submits that the
order impugned has been passed in arbitrary manner by cancelling the work order assigned to the petitioner vide agreement dated 27/09/2021 for supply mid-day meal to Govt. Primary School, Khuthanpara, Kanakpur Block Ramchandrapur. The order has been passed without any complaint received
3 against the petitioner and without giving any 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 order assigned to the petitioner for supply of the mid day meal in Govt. Primary School, Khuthanpara, Kanakpur Block Ramchandrapur has been cancelled 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 30/08/2024.
6. The impugned order dated 30/08/2024 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, Khuthanpara, Kanakpur Block Ramchandrapur 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 30/08/2024 (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