Chandni Garibi Rekha Mahila Swa Sahayata Samuh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2488 of 2016 • Chandni Garibi Rekha Mahila Swa Sahayata Samuh Chherkadih, Block Palari, District Baloda Bazar Bhatapara Chhattisgarh Through Its President Heer Bai W/o Laharam Chandrakar, Aged About 46 Years R/o Village Chherkadih, Block Palari, Distirct Baloda Bazar Bhatapara Chattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Women And Child Development, Mahanadi Bhavan, Mantralaya, New Raipur, Distirct Raipur Chhattisgarh

2. The Director, ( Women And Child Development, Department ) Indrawati Bhavan, Mantralaya, New Raipur, Distirct Raipur Chhattisgarh

3. The Collector, ( Women And Child Development Branch) Baloda Bazar Bhatapara Chhattisgarh

4. The Project Officer, Integrated Child Development Project, Palari, Block Palari, Distirct Baloda Bazar Bhatapara Chhattisgarh

5. District Programme Officer, ( Women And Child Development, Department) Baloda Bazar, Distirct Baloda Bazar Bhatapara Chhattisgarh

6. Chief Executive Officer, Jila Panchayat Baloda Bazar, Distirct Baloda Bazar Bhatapara Chhattisgarh

7. Jai Mahamaya Swa Sahayata Samuh, Chherkadih Block Palari, District Baloda Bazar Bhatapara Chhattisgarh Through Its President Santoshi W/o Santosh Aged About 32 Years, R/o Village Chherkadih, Block Palari, Distirct Baloda Bazar Bhatapara Chhattisgarh ---- Respondents For Petitioner :

Shri D. Kushwaha, Advocate For Respondents-State :

Shri Ramakant Mishra, Dy. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 04/10/2016

1. It is argued by the learned counsel appearing for the petitioner that vide

agreement dated 15-12-2015 the petitioner was made entitled to supply ready to eat food material in Sector Amera, Block Palari for a period of 5 years and the said agreement is still subsisting, yet the impugned order has been passed by the Collector (Women & Child Development Department) Baloda Bazar-Bhatapara, granting such right to the respondent No.7 Self Help Group. Learned counsel would submit that till the petitioner's agreement is subsisting, the impugned order amounts to cancellation of its agreement without affording any opportunity of hearing.

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 into his notice the above aspect of the matter and any other ground which may be available to it 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 providing 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 26 Aanganbadi Centers in accordance with the agreement (Annexure - P/2). Sd/- Judge Prashant Kumar Mishra Ashu