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High Court Of ChhattisgarhWPC/2029/2020disposed off

Dev Mahila Swa-Sahayta Samuh, Saja v. State Of Chhattisgarh

2020-09-22Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2029 of 2020

1. Dev Mahila Swa-Sahayta Samuh, Saja Through The PresidentLaxmi Bai, W/o Bhanwar Lal, Aged About 35 Years, Resident Of Saja, Block Saja, District : Bemetara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Women And Child Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, District : Raipur, Chhattisgarh

2. The Collector, District : Bemetara, Chhattisgarh

3. The Block Education Officer, Saja, District : Bemetara, Chhattisgarh

4. Maa Annapurna Mahila Swa-Sahayata Samuh, Ghotwani Through Its Secretary/ President, Tahsil Saja, District : Bemetara, Chhattisgarh

5. Maa Laxmi Mahila Swa-Sahayata Samuh, Ward No.2, Saja Through Its Secretary/ President, Tahsil Saja, District : Bemetara, Chhattisgarh

6. The Sub-Divisional Officer (Revenue) Saja, District : Bemetara, Chhattisgarh ------ Respondents For Petitioner :

None.

For State :

Mr. Sudeep Verma, Dy. G. A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22.09.2020

1. The present is a second round of litigation. The issue involved in the present writ petition is the order passed by the respondents cancelling the work order allotted to the petitioner for supply of Mid Day Meal and subsequently have issued an order in favour of the Respondent No. 4 and 5 for the supply of the same. The petitioner had earlier filed WPC No. 941 of 2020 which came up for hearing

-2before this Court on 18.03.2020 and the writ petition was disposed off directing the petitioner to prefer an appeal to the Respondent No. 2.

2. According to the counsel for the petitioner, the respondent no. 2 was further directed to decide the appeal within forty five days. According to the counsel for the petitioner, the petitioner has immediately complied-with the direction given by this Court by preferring an appeal along with an application for grant of interim relief, however, the Respondent No. 2 has till date neither decided the interim application nor has he decided the appeal on merits.

3. Given the said facts, this Court is of the opinion that no fruitful purpose would be served in keeping the writ petition pending rather ends of justice would meet, if the respondent no. 2 is directed to take a decision on the appeal preferred by the petitioner at the earliest, preferably within a period of forty five days from the date of receipt of copy of this Order.

4. It is made clear that this order would only be enforcible in case if the respondent no. 2 has not taken a decision on the appeal preferred by the petitioner till today. If he has already taken a decision on the appeal, the order passed by this Court would automatically lose its efficacy.

5. With the aforesaid direction, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Rahul