DURGA MAHILA SWAYAM SAHAYATA SAMUH, SUNDARPUR v. STATE OF CHHATTISGARH
WPC/5480/2025 · 2025-10-27
Shri Arvind Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47806 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47806 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:52485
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5480 of 2025 Durga Mahila Swayam Sahayata Samuh, Sundarpur Through Its President Namely Kunti Pachchi W/o Sohar Pachchi, Aged About 54 Years R/o Sundarpur, Tehasil Ramchandrarpur, District Balrampur- Ramanujganj (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Food Civil Supply And Consumer Protection Mantralaya, Mahanadi Bhawan, Naya Raipur, Post Office Rakhi, District- Raipur (C.G.) 2 - The Collector Balrampur, District- Balrampur- Ramanujganj (C.G.) 3 - The Sub Divisional Officer (Revenue) Ramanujganj District- Balrampur- Ramanujganj (C.G.) 4 - The Block Educatoin Officer Ramchandrapur District- Balrampur- Ramanujganj (C.G.) 5 - Khushi Mahila Swayam Sahayata Samuh Piparpan Through The President Namely Smt. Urmila Poyam R/o Village Piparpan, Tehasil Ramchandrapur District- Balrampur- Ramanujganj (C.G.)
---- Respondents For Petitioner
: Mr. Rahul Mishra, Advocate For State : Ms. Upasana Mehta, Dy. GA VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.10.29 13:12:02 +0530
2 Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 28/10/2025
1. By way of this petition, petitioner sought following relief(s) :
“10.1. The Hon’ble Court may kindly be pleased to call for entire records from the respondent authorities pertaining to case of petitioner for its kind perusal.
10.2. The Hon’ble Court may kindly be pleased to set aside the impugned order dated 01.10.2025 (Ann.P- 1) passed by respondent No.3 against petitioner’s Samuh without giving opportunity of hearing and also without conducting and without following the due process of law.
10.3. The Hon’ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner's Samuh to operate mid-day meal in the Govt. Primary School, Patelpara and Govt. Middle School, Sundarpur, District Balrampur – Ramanujganj (CG).
10.4. The Hon’ble Court may kindly be pleased to pass any other order, as deem fit and proper under the
facts and circumstances of the case with cost etc., I the interest of justice.”
2. By the present writ petition, the petitioner is questioning the order dated 01.10.2025 (Annexure P/1) passed by respondent No.3/ Sub Divisional Officer (Revenue), Ramanujganj, District Balrampur – Ramanujganj (C.G.) by which the work assigned to the petitioner for supplying mid-day meal to Govt. Primary School, Patelpara and Govt. Middle School, Sundarpur, District Balrampur – Ramanujganj (CG) has been stayed without any complaint and without having any jurisdiction.
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3. 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 the aforesaid school. The order has been passed without any complaint received against the petitioner and without giving any opportunity of hearing. The respondent No.3 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 assigned to the petitioner was awarded to the Khushi Mahila Swayam Sahayata 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 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.
5. I have heard learned counsel for the parties and perused the impugned
order dated 01.10.2025.
6. The impugned order dated 01.10.2025 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 Govt. Primary School, Patelpara and Govt. Middle School, Sundarpur, District Balrampur – Ramanujganj (CG). The said order passed by respondent No.3 without application of mind and for what reason the work
4 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 01.10.2025 (Annexure P/1) which is a non-speaking & unreasoned order passed by respondent No.3 - Sub Divisional Officer (Revenue), Ramanujganj, District Balrampur – Ramanujganj (C.G.) 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 affected parties.
8. With the aforesaid observation and direction, this writ petition is
disposed of. Sd/-
(Arvind Kumar Verma) Judge Vasant