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2025:CGHC:22614
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5863 of 2022 1 - Smt. Bindmati Devi W/o Shri Mukhdeo Tiwari, Aged About 60 Years Secretary Laxmi Mahila Swa Sahayata Samooh, R/o Village Jamwantpur, Block Ramchandrapur District - Balrampur - Ramanujganj, Chhattisgarh. 2 - Smt. Savyanti Devi W/o Shri Surendra Tiwari, Aged About 42 Years President Laxmi Mahila Swa Sahayata Samooh, R/o Village Jamwantpur Patel Para Tatapani, Block Ramchandrapur District Balrampur- Ramanujganj, Chhattisgarh.
... Petitioners versus 1 - State of Chhattisgarh, through The Secretary, Department Of Public Distribution System Mantralaya Mahanadi Bhawan, Police Station And Post - Rakhi, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 2 - The Collector (Food Department), Balrampur - Ramanujganj, District Balrampur - Ramanujganj, Chhattisgarh. 3 - The Sub Divisional Officer (Revenue), Ramanujganj, District Balrampur - Ramanujganj, Chhattisgarh. 4 - The Assistant Commissioner Tribal Development Surguja, District Balrampur - Ramanujganj, Chhattisgarh. 5 - The District Education Officer, Balrampur - Ramanujganj, District Balrampur - Ramanujganj, Chhattisgarh. 6 - The Block Education Officer, Block Ramachandrapur, District Balrampur- Ramanujganj, Chhattisgarh. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.06.11 10:48:13 +0530
2 / 4 7 - The Chief Executive Officer, Janpad Panchayat Ramchandrapur, District Balrampur - Ramanujganj, Chhattisgarh. 8 - The Manager, Chhattisgarh State Civil Supplies Corporation, Ramanujganj, District Balrampur - Ramanujganj, Chhattisgarh. 9 - The President, Deep Mahila Swa Sahayata Samooh, Jamwantpur, District Balrampur - Ramanujganj, Chhattisgarh.
... Respondents For Petitioner : Mr. Navneet Yadav, Advocate For State : Mr. Saumitra Kesharwani, PL For Respondents No.7 to 9 : None
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 09/06/2025
1. By the present writ petition, the petitioner is questioning the order dated 30/09/2022 (Annexure P/1) passed by respondent No.6/Block Education Officer, Ramchandrapur, District Balrampur Ramanujganj by which the work assigned to the petitioner for supplying mid-day meal to Govt. Middle School- Jamwantpur and Government Primary School Paschimtola has been cancelled without any complaint and without having any jurisdiction.
2.
Learned Counsel appearing for the petitioner submits that the the issue involved in the present writ petition has already been considered and decided by this Court in WPC No.4568 of 2024, therefore, the same order may be passed in the present writ petition also. 3. The co-ordinate Bench of this Court in WPC No.4568 of 2024
3 / 4 (Suraj Women Self Help Group-Tirkunda Vs. State of Chhattisgarh & Ors.) has passed the following order:-
1. By the present writ petition, the petitioner is questioning the orders dated 02/09/2024 (Annexure P/1) passed by respondent No.4/ Block Education Officer, Balrampur, District Balrampur Ramanujganj by which the work assigned to the petitioner for supplying mid-day meal to Govt. Middle School- Trikunda, Block Ramchandrapur has been stopped 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 vide agreement dated 02/02/2022 for supply mid-day meal to Govt. Middle School- Trikunda, Block Ramchandrapur. 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 Ma Bhagwati Women Self Help Group- Trikunda 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. 4. Learned counsel appearing for the respondents No.5 submits that the same work has been assigned to him for supplying mid-day meal to Govt. Middle School- Trikunda, Block Ramchandrapur passed by respondent No.4 hence, the present writ petition is not maintainable. 5. I have heard learned counsel for the parties and perused the impugned order dated 02/09/2024. 6. The impugned order dated 02/09/2024 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- Trikunda, Block Ramchandrapur 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. 4 / 4
7. In view of the above, the impugned orders dated 02/09/2024 (Annexure P/1) passed by respondent No.4/ Block Education 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 Learned counsel appearing for the respondents/State submits that the work assigned to the petitioner was cancelled pursuant to the complaint received and the said work has been allotted to Deep Mahila Swa Sahayata Smooh. Hence this petition is not maintainable as the petitioner has not brought the said fact before this Court. 4. Learned State counsel has no objection. 5. No representation is made on behalf of Respondents No.7 & 9, despite service of notice. 6. I have heard learned counsel for the parties and perused the impugned order dated 30/09/2022. 7. In view of the submissions made by learned counsel for the parties, it is directed that the ratio laid down in the case WPC No.4568 of 2024 supra shall also govern the cause of lis in this case and will have the same effect and operation. 8. With such observation, the writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma)
JUDGE ashu