Manglin Bai Baiga v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 132 of 2017

1. Manglin Bai Baiga, W/o Asaram Baiga, Aged About 41 Years, R/o Village Aurapani, P.O. Semaria, P.S. Kota, Gram Panchayat - Manjhgaon Block & Tehsil Kota, District Bilaspur, Chhattisgarh

2. Jethia Bai Baiga, W/o Asaram Baiga, Aged About 27 Years, R/o Village Aurapani, P.O. Semaria, P.S. Kota, Gram Panchayat - Manjhgaon Block & Tehsil Kota, District Bilaspur, Chhattisgarh

3. Sunita Xaxa, W/o Sanjay Kujur, Aged About 36 Years, R/o Village Aurapani, P.O. Semaria, P.S. Kota, Gram Panchayat - Manjhgaon Block & Tehsil Kota, District Bilaspur, Chhattisgarh

4. Sukhram Singh Baiga, S/o Chaitu Singh Baiga, Aged About 32 Years, R/o Village Aurapani, P.O. Semaria, P.S. Kota, Gram Panchayat - Manjhgaon Block & Tehsil Kota, District Bilaspur, Chhattisgarh

5. Budhram Singh Baiga, S/o Jonhu Singh Baiga, Aged About 32 Years, R/o Village Aurapani, P.O. Semaria, P.S. Kota, Gram Panchayat - Manjhgaon Block & Tehsil Kota, District Bilaspur, Chhattisgarh ---- Petitioners

Versus

1. Union of India, Through The Secretary, Department of Health, Family Welfare Government of India, Nirman Bhawan, Maulana Azad Road, New Delhi-11

2. Secretary, Department of Women & Child Welfare, Government of Chhattisgarh Mantralaya, Naya Raipur, Chhattisgarh.

3. Secretary, Department of Health and Family Welfare, Mantrayala, Naya Raipur

4. Collector, District - Bilaspur (C.G.)

5. Chief Executive Officer, Janpad Panchayat Kota, District Bilaspur Chhattisgarh

6. Sub Divisional Officer, Kota, District Bilaspur Chhattisgarh

7. Union of India, Through Secretary Department of Women & Child Welfare, Government of India Shastri Bhawan, New Delhi ---- Respondents For Petitioners :

Ms. Kanta Nandi, Advocate.

For Respondent Nos.1 & 7:

Shri B. Gopa Kumar, Assistant Solicitor General. For Respondent Nos.2 to 6:

Shri A.S. Kachhwaha, Additional Advocate General.

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu Order on Board Per Ajay Kumar Tripathi, Chief Justice 12.11.2018 1.

Heard counsel for the Petitioners, learned Assistant Solicitor General for Union of India and learned Additional Advocate General for the State. 2.

On 22.10.2018, a direction was issued to the District Project Officer to make herself available at the Aganbadi Center at Aurapani, Gram Panchayat Manjhgaon to ensure that the Aganbadi Center becomes functional and the beneficiaries covered by the said center are deriving benefits especially since submissions were made that no more than paper work had been done to make the said center operational.

3.

In terms of the said direction, the District Program Officer Women and Child Development, Bilaspur has filed an affidavit of compliance with supporting evidence to show that the center has started functioning and beneficiaries are reporting to the center. Children and malnourished women are being given the ration as well as cooked food.

4.

This position is not being contested by counsel for the Petitioners however, she expresses an apprehension that whatever has been seen or shown must remain so even after disposal of the case.

5.

It goes without saying that the responsible authorities will ensure that there will be no let in running of the center in an efficient way and the object and purpose for running the said center will be achieved by reaching out to the beneficiaries of the village.

6.

Another issue which remains is appointment of a permanent Aganbadi Sevika as well as the center, which according to learned Additional Advocate General, is held up because of the code of conduct.

7.

Be that as if may, no sooner the code of conduct is lifted, the Respondent authorities will ensure that the issue is finally taken care of in all aspect. 8.

The writ stands disposed off in terms of the above. Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge Brijmohan