Durga Mahila Swa - Sahayata Samuh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2701 of 2016 • Durga Mahila Swa-Sahayata Samuh, Dongridih, Village : Dongridih, Block : Baloda Bazar, District : Baloda Bazar- Bhatapara (C.G.), through it's President Muneshwari W/o. Santosh Satnami aged about : 36 Years, R/o Village : Dongridih, Block : Baloda Bazar, District : Baloda Bazar- Bhatapara (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Women and Child Development Department, Mahanadi Bhavan, Mantralaya, New Raipur, District : Raipur (C.G.)

2. The Director (Women and Child Development Department) Indrawati Bhavan, Mantralaya, New Raipur, District : Raipur (C.G.)

3. The Collector, (Women and Child Development Branch) Baloda BazarBhatapara (C.G.)

4. The Project Officer, Intregrated Child Development Project, Baloda Bazar, Block : Baloda Bazar, District Baloda Bazar-Bhatapara (C.G.)

5. District Programme Officer, (Women and Child Development Department) Baloda Bazar, District Baloda Bazar- Bhatapara (C.G.)

6. Chief Executive Officer, Jila Panchayat, Baloda Bazar, District Baloda Bazar-Bhatapara (C.G.)

7. Nari Shakti Swa-Sahayata Samuh : Dongridih, Block : Baloda Bazar, District : Baloda Bazar-Bhatapara (C.G.), Through its President : Shashilata Dhritlahre D/o. Dhiraji Dhritlahre, aged about : 35 years, R/o Village : Dongridih, Block : Baloda Bazar, District : Baloda Bazar- Bhatapara (C.G.) ---- Respondents For Petitioner :

Shri Umesh Pandey, Advocate For Respondents-State :

Shri AS Kachwaha, Addl. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 03/11/2016

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

agreement dated 09-10-2015 the petitioner was made entitled to supply ready to eat food material in Sector Lawan, Block Baloda Bazar 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 the Aanganbadi Centers in accordance with the agreement (Annexure - P/2). Sd/- Judge Prashant Kumar Mishra ashu