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2025 DAILYLAW 42339 (CHH)

NISHA MAHILA SWAYAM SAHAYATA SAMUH, CHITIMAHURAO v. STATE OF CHHATTISGARH

WPC/5543/2024 · 2025-01-14

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:2261 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5543 of 2024 Nisha Mahila Swayam Sahayata Samuh, Chitimahurao Through The President Namely Smt. Sakali Vishwakarma, Wife Of Shri Kishun Vishwakarma, Aged About 45 Years, R/o Village Barvahi, Tehsil- Ramchandrapur, Distt. - Balrampur- Ramanujganj, C.G. ... Petitioner(s) 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, C.G. 3. Sub-Divisional Officer (Revenue) Ramanujganj District Balrampur- Ramanujganj, C.G. 4. Block Education Officer, Ramchandrapur District Balrampur- Ramanujganj, C.G. 5. Jai Bhawani Mahila Swayam Sahayatra Samuh Through Its President Lalita Thakur, Wife Of Shivnath Thakur, Aged About 55 Years, R/o Village Barvahi, Tehsil- Ramchandrapur, District Balrampur-Ramanujganj, C.G. ... Respondent(s) (Cause title is taken from Case Information System) 2 For Petitioner : Mr. Rahul Mishra, Advocate For Respondents/State : Ms. Upasana Mehta, Dy. G.A. (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 14/01/2025 1. By the present writ petition, the petitioner is questioning the order dated 17.09.2024 (Annexure P/1) passed by respondent No.4/ Block Education Officer Ramchandrapur, District Balrampur Ramanujganj by which the work assigned to the petitioner for supplying mid-day meal to Govt. Primary School Chitimahurao, Block-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 for supply mid-day meal to Primary school. 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. Learned counsel appearing for the respondents/State submits that the work assigned to the petitioner was awarded to the Jai Bhawani Mahila Swayam Sahayatra Samuh by cancelling the allotment order of the petitioner. There was an interim order continuing in favour of the petitioner by which the work assigned 3 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. I have heard learned counsel for the parties and perused the impugned order dated 17.09.2024. 5. The impugned order dated 17.09.2024 appears to be a non- speaking order i.e. whereby without assigning any cogent reason, the work assigned to the petitioner for supplying mid-day meal to Middle school 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. 6. In view of the above, the impugned order dated 17.09.2024 (Annexure P/1) which is a non-speaking & unreasoned order passed by respondent No.4/ Block Education Officer, Ramchandrapur 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, by providing sufficient opportunity of hearing to all the effected parties. 7. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar