Gauri Ma Shital Swa- Sahayata Samuh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1010 of 2019 Gauri Ma Shital Swa- Sahayata Samuh Village Kamkabada, Block Saja District- Bemetara through its President Rambai, W/o Ramesh Kumar Aged About 40 Years, R/o Village Kamkabada, Tahsil Saja, District- Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh --- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Department of Woman & Child Development, New Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh

3. District Programme Officer Woman & Child Development, Collectorate, Balodabazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

4. Jai Ma Shitla Swa Shayata Samuh Lalpur through Its President, Block Saja Disrtict- Bemetara, Chhattisgarh --- Respondent For the applicant :

Mr. Varun Sharma, Advocate.

For the State/R-1 to R-3:

Mr. Alok Bakshi, Addl. Advocate General & Mr. Rajesh Singh, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .04.2019

1. It is contended on behalf of the petitioner that vide agreement dated 12.10.2015, the petitioner was entitled to supply ready to eat food material to the Anganbadi Centers at Vikas Khand, Saja for a period of 5 years and the said agreement is still subsisting, yet the impugned order has been passed by the District Programmer, Woman and Child Development, Distt. Bemetara granting such right to the respondent No.4 Jai Ma Shitla Swa Sahayata Samuh Lalpur. Learned counsel would submit that still the petitioner's

agreement is subsisting and the impugned order amounts to cancellation of its agreement without affording any opportunity to the petitioner.

2. Considering the submission made by the learned counsel appearing for the petitioner, the writ petition is disposed of with a direction that the petitioner shall make a representation before the concerned Collector bringing to his notice the above aspect of the matter and any other ground which may be available to him within a period of one month from today. The concerned Collector shall thereafter constitute a committee as required under clause 11 of the agreement and take decision in the matter within a further period of three months after giving opportunity of hearing to the petitioner.

3. It is made clear that till the matter is decided by the Collector, the petitioner shall continue to supply ready to eat food material to the Aanganbadi Centers in accordance with the agreement (Annexure P-4).

Sd/- GOUTAM BHADURI JUDGE Rao