Ghulam-E-Mustafa Mahila Swa Sahayata Samuh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1006 of 2019 Ghulam-E-Mustafa Mahila Swa Sahayata Samuh Village Devkar, Through Its Secretary Kulsum Bee, W/o Aziz Beg, Aged About 45 Years, Village Devkar Block Saja District - Bemetara Chhattisgarh., --- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Department of Woman & Child Development, New Mantralaya Mahanadi Bhawan, Atal Nagar Raipur 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. Devi Mahila Swa Sahayata Samuh through Its President, Thankhamariya, Block Saja, District - Bemetara Chhattisgarh. --- Respondents 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 20.08.2018, the petitioner was entitled to supply ready to eat food material to the Anganbadi Centers of Vikas Khand Saja at the areas Thankhamhariya and Nawagaonkala for a period of 3 years and the said agreement is still subsisting, yet the impugned order has been passed by the District Programme Officer, Woman and Child Development, Distt. Bemetara granting such right to the respondent No.4 Devi Mahila Swa Sahayata Samuh

Thankhamhariya. 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