High Court Of ChhattisgarhWPC/99/2017disposed off

Radha Swa Sahayata Samuh v. State Of Chhattisgarh

2017-01-18Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 99 of 2017 • Radha Swa Sahayata Samuh Seepat Para Pipariya, Through : Its : President Matishyam W/o Shiv Kumar Aged About 25 Years, R/o Village Pipariya, Seepatpara, Post Pipariya, Tahsil Podi Uproda, District : Korba (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through : The Secretary, Women And Children Development Department Mantralaya Mahanadi Bhawan, New Raipur Police Station Rakhi, District Raipur (Chhattisgarh)

2. The Director ( Women & Children Development Department) Indrawati Bhawan, New Raipur, District Raipur (Chhattisgarh)

3. The Collector, Korba, District Korba, Chhattisgarh.

4. The Project OfÏcer, Integrated Child Development Project, Pasan, Block Podi Uproda, District Korba (Chhattisgarh) ---- Respondent For Petitioner Mr. Rajesh Kumar Sharma, Advocate For Respondent /State Mr. A.S.Kachhwaha, Additional Advocate General on advance copy.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 18/1/2017

1. Heard.

2. Learned counsel for the petitioner would submit that though there is a remedy of appeal before the Collector available to the petitioner, but since the impugned order has been passed by the Collector himself, remedy of appeal before the Collector

would be illusionary.

3. It is submitted by learned counsel for both the parties that in such a situation, earlier an order has already been passed by this Court in WPC No.2866 of 2016 on 23.11.2016, allowing the writ petitioners in the said petition to prefer an appeal before the Principal Secretary, Department of Food and Civil Supplies , Government of Chhattisgarh. They pray that the similar order may be passed in the present petition also.

4. Accordingly, the writ petition is disposed off with the direction that on preferring an appeal/representation by the petitioner before the Principal Secretary, Department of Food and Civil Supplies, Government of Chhattisgarh, within a period of 03 weeks from today, the said Principal Secretary would consider and decide the petitioner's appeal/representation, at the earliest, preferably within a period of 08 weeks from the date of its submission. It is further directed that the appeal/representation would be decided after providing personal hearing to the petitioner.

Sd/- (Manindra Mohan Shrivastava) Judge Shyna