Mata Jananani Swa Sahayata Samooh v. State Of Chhattisgarh

WA No.241 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceedings through video conferencing WA No. 241 of 2021

1. Mata Jananani Swa Sahayata Samooh Panchsheel Nagar, Durg, Registration No. 17299, Through It's President Smt. Savitri Bramhabhatt, W/o Shri Ajay Bramhbhatt, Age 49 Years, R/o Brahmanpara, District Durg, Chhattisgarh.

---- Appellant

Versus

1. State of Chhattisgarh Through It's Secretary, Department of Women And Child Development, Secretariat, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

2. The Collector (Women And Child Development Department) District Durg, Chhattisgarh.

3. The District Program Officer Women And Child Development, District Durg, Chhattisgarh.

4. The Project Officer Integrated Child Development Project, Durg, Chhattisgarh.

---- Respondents For Appellant :

Shri Jitendra Gupta, Advocate.

For Respondents/State :

Shri Vikram Sharma, Dy. Government Advocate.

Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Hon'ble Smt. Justice Rajani Dubey Judgment on Board By Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice

WA No.241 of 2021 25/08/2021

1. Heard.

2. Challenge in this intra Court appeal is to the order passed by the learned Single Judge dismissing the petitioner's prayer for quashment of the order dated 15-07-2021 passed by the District Program Officer, Women & Child Development Department, Durg, thereby, removing the petitioner from the work of supply of ready to eat food material for the subject area.

3. Admittedly, petitioner's term of contract for the subject supply was from 25-06-2016 to 24-06-2021, therefore, the agreement period has already expired. This has weighed with the learned Single Judge to dismiss the writ petition without reserving liberty in favour of the petitioner to avail the remedy of appeal before the Collector.

4. It is argued that because of the impugned order, petitioner is now debarred from participating in the selection process for selection of agency to supply ready to eat food material.

5. Considering the submission and for the fact that the petitioner has an alternative remedy of prefer an appeal before the appellate authority in terms of circular dated 03-12-2019, we dispose of the writ appeal relegating the petitioner to prefer a duly constituted appeal within a period of thirty days from today. If such appeal is preferred, the appellate authority shall consider and decide the appeal in accordance with law and on its own merits, without being influenced by the order passed by the learned Single Judge.

SD/- SD/- (Prashant Kumar Mishra) (Rajani Dubey) Acting Chief Justice Judge Amardeep