Jay Maa Ambe Mahila Sawa Sahayata Samuh v. Sate Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.167 of 2018 Jay Maa Bhawani Mahila Swa Sahayata Samuh, Through President Sunita Yadav, W/o Shri Bhimkaran Yadav, aged about 32 years, R/o Gurjibhata, Block Mainpur, District Gariyaband (CG) ---- Petitioner
Versus
1. State of Chhattisgarh, through Secretary, Department of Women and Child Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (CG)
2. Collector, District Gariyaband (CG)
3. District Programme Office, Akikrit Bal Vikas Yojna, Mainpuri, District Gariyaband (CG) ---- Respondents WPC No.162 of 2018 Jay Maa Ambe Mahila Swa Sahayata Samuh, Through President Jamuna Sinha, W/o Shri Ganeshwar aged about 40 years, R/o Kandekela, Block Mainpur, District Gariyaband (CG) ---- Petitioner
Versus
1. State of Chhattisgarh, through Secretary, Department of Women and Child Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (CG)
2. Collector, District Gariyaband (CG)
3. District Programme Office, Akikrit Bal Vikas Yojna, Mainpur, District Gariyaband (CG) ---- Respondents WPC No.189 of 2018 Binni Mata Mahila Swa Sahayata Samuh, Through: President Kavita Sonkar, S/o Shri Devendra Sonkar, W/o Shri Devendra Sonkar, aged about 38 years, R/o Ward-14, Sonkarpara, Fingeshwar, Tahsil Rajim, District Gariyaband (CG) ---- Petitioner
Versus
1. State of Chhattisgarh, through Secretary, Department of Women and Child Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (CG)
2. Collector, District Gariyaband (CG)
3. District Programme Office, Akikrit Bal Vikas Yojna, Fingeshwar, District Gariyaband (CG) ---- Respondents And WPC No.192 of 2018
Nirmal Mahila Swa Sahayata Samuh, Through: President Arti Dhruw, D/o Shri Navratan Dhruw, aged about 42 years, R/o Village Post Mainpur, Block Mainpur, District Gariyaband (CG) ---- Petitioner
Versus
1. State of Chhattisgarh, through Secretary, Department of Women and Child Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (CG)
2. Collector, District Gariyaband (CG)
3. District Programme Office, Akikrit Bal Vikas Yojna, Mainpur, District Gariyaband (CG) ---- Respondents For Petitioners :
Mrs.Renu Kochar, Advocate For Respondents :
Mr.Arun Sao, Dy.A.G.
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 29/1/2018
1. Since common question of law and fact is involved in these batch of writ petitions, they are heard together and are being disposed of by this common order.
2. Learned counsel for the petitioners would submit that cancellation of work allotted to them i.e. work of production and distribution of ready to eat material to Anganbadi Centres by respondent No.2/Collector, Gariyaband is unsustainable and bad in law.
3. On the other hand, learned Deputy Advocate General for the respondents/State would submit that allotment of production and distribution of ready to eat material to Anganbadi Centres are governed by the policy framed by the State Government and that policy has amended time to time and by superseding the earlier policy, the State Government has framed a new policy dated 5.6.2017 and on that basis order has been passed
by the Collector. Even otherwise, under the new policy dated 5.6.2017, order passed by the Collector is appealable under Clause 9 of the memo/circular dated 5.6.2017 before the Commissioner of the concerned Revenue Division.
4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection.
5. Since the order is appealable before the Commissioner as per Clause 9 of the memo/circular dated 5.6.2017, I am not inclined to entertain these writ petitions. Accordingly, the writ petitions are dismissed. However, the petitioners are at liberty to prefer an appeal before the appellate authority i.e. Commissioner within three weeks from today. If such an appeal is preferred, the appellate authority would do well and decide the same expeditiously. The petitioners are also at liberty to make an application for grant of stay and that will also be considered by the appellate authority expeditiously. No cost(s). Sd/- (Sanjay K. Agrawal) Judge B/-