DURGA WOMEN SELF HELP GROUP - BHELWADIH v. STATE OF CHHATTISGARH
WPC/5795/2024 · 2025-01-28
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43720 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43720 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:5073
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5795 of 2024 1 - Durga Women Self Help Group - Bhelwadih Through President Smt. Sarita Gupta, W/o Vijay Gupta Aged About 35 Years, President Of Durga Women Self Help Group- Bhelwadih, R/o Village Bhelwadih, Village Panchayat- Bhelwadih, Block- Balrampur, District Balrampur- Ramanujganj, Chhattisgarh
Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Women And Child Development Mahanadi Bhawan, New Raipur, District : Raipur, Chhattisgarh 2 - The Collector Balrampur, District Balrampur-Ramanujganj, Chhattisgarh 3 - The Sub Divisional Officer (Revenue) Balrampur, District Balrampur- Ramanujganj, Chhattisgarh 4 - Block Education Officer Balrampur, District Balrampur-Ramanujganj, Chhattisgarh
Respondent(s) For Petitioner(s) : Mr. A.N. Pandey, Advocate For Respondent(s) : Mr. S.S. Choubey, PL RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.01.29 14:52:29 +0530
2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 28/01/2025
1. By the present writ petition, the petitioner is questioning the orders dated 04/11/2024 (Annexure P/1) passed by respondent No.3/ Sub Divisional Officer (Revenue), Distt. Balrampur- Ramanujganj (C.G.) by which the work assigned to the petitioner for supplying mid-day meal to Govt. Middle School & Primary School- Bhelwadih, Primary School- Jamdih, Middle School Korwa residential- Bhelwadih, Primary Korwa Residential School- Bhelwadih, Primary School- Ghasiyadohar (Tangarmahari) & Primary School- Jamuatand has been stopped without any complaint received against the petitioner.
2.
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 08/02/2022 & 10/08/2020 for supply mid-day meal to the said Schools. The order has been passed without any complaint received against the petitioner. He submits that before issuance of the impugned order dated, a show cause notice dated 21/08/2024 was issued to the petitioner and he replied the same on 28/08/2024, however, respondent No.3 without considering the reply and explanation submitted by the petitioner to the show cause notice, cancelled the work assigned to the petitioner by a non-speaking order which amounts to
3 violation of the principles of natural justice.
3.
Learned counsel appearing for the respondents/State submits that by the impugned order, the work assigned to the petitioner was cancelled, hence, the present writ petition itself is not maintainable.
4. I have heard learned counsel for the parties and perused the impugned order dated 04/11/2024.
5. The impugned order dated 04/11/2024 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 & Primary School- Bhelwadih, Primary School- Jamdih, Middle School Korwa residential- Bhelwadih, Primary Korwa Residential School- Bhelwadih, Primary School- Ghasiyadohar (Tangarmahari) & Primary School- Jamuatand has been cancelled. The said order passed by respondent No.3 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 orders dated 04/11/2024 (Annexure P/1) passed by respondent No.3/ Sub Divisional Officer (Revenue), Distt. Balrampur- Ramanujganj (C.G.) is hereby quashed. However, a liberty is reserved for the State to
4 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.
7. With the aforesaid observation and direction, this writ petition is
disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE Rahul