DURGA WOMEN SELF HELP GROUP JAMDIH v. STATE OF CHHATTISGARH
WPC/6253/2024 · 2025-01-13
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45377 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45377 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:1888
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6253 of 2024 1 - Durga Women Self Help Group Jamdih Through President Smt. Sarita Gupta W/o Vijay Gupta, Aged About 40 Years, President Of Durga Women Self Help Group-Jamdih, R/o Village-Jamdih, Gram Panchayat-Bhelwadih, P.S. & Tahsil- Balrampur, District- Balrampur- Ramanujganj (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Women & Child Development, Mahanadi Bhawan, New Raipur, District- Raipur (C.G.) 2 - The Collector, Balrampur, District- Balrampur-Ramanujganj (C.G.) 3 - The District Program Officer, Women & Child Development Department- Balrampur, District- Balrampur-Ramanujganj (C.G.) 4 - Project Officer, Integrated Women & Child Development- Balrampur, District- Balrampur-Ramanujganj (C.G.) ... Respondents (Cause title is taken from Case Information System)
2 / 4 For Petitioner : Mr. A. N. Pandey, Advocate For Respondents/State : Mr. Satish Gupta, Govt. Advocate For Intervener : Mr. Rahul Mishra, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 13/01/2025
1. By the present writ petition, the petitioner is questioning the order dated 02/12/2024 (Annexure P/1) passed by respondent No.3/ District program Officer, Women & Child Development Department, Balrampur by which the work assigned to the petitioner for supply foods and snacks to Anganwari Center, Sector-Pachawal has been stayed on the ground that some complaint has been received against the petitioner.
2.
Learned Counsel appearing for the petitioner submits that the
order impugned has been passed by staying the work assigned to the petitioner vide agreement dated 03/01/2023 to supply foods and snacks to Anganwari Center. The order has been passed on the allegation that some complaint has been received against the petitioner. He submits that before issuance of the impugned order dated 02/12/2024, a show cause notice dated 19/11/2024 was issued to the petitioner and he replied the same on 25/11/2024 however, the respondent No.3 without considering the reply and explanation submitted by the petitioner to the show cause notice, stayed 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
3 / 4 there was a Writ Petition No. 3891/2024 filed by the petitioner. As the same work assigned to the petitioner was awarded to the Jai Mata Rani Women Self Help Group, Dahejwar without cancelling the allotment order of the petitioner to the said Group, in the said writ petition, there was an interim order continuing in favour of the petitioner by which the work assigned to the said Jai Mata Rani Women Self Help Group has been stayed. He further submits that the period of assignment in pursuance to the agreement dated 03/01/2023 has already been expired on 02/01/2024 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 Intervener/Saraswati Mahila Swayam Sahayta Samuh by filing an application for intervention submits that the same work has been assigned to him as an additional work vide order dated 04/12/2024 by respondent No.4/ Project Officer, Integrated Women & Child Development, Balrampur hence, the writ petition without impleading him is not maintainable.
5. I have heard learned counsel for the parties and perused the impugned order dated 02/12/2024.
6. The impugned order dated 02/12/2024 appears to be a non- speaking order i.e. without assigning any cogent reason only by mentioning that a complaint has been received against the petitioner, whereby the work assigned to the petitioner to supply foods and snacks to the Anganwari Center has been cancelled. The said order passed by respondent No.3 without application of
4 / 4 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 order dated 02/12/2024 (Annexure P/1) passed by respondent No.3/ District program Officer, Women & Child Development Department, 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 $. Bhilwar