Lokshakti Samajsevi Sanstha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 4001 of 2019 Lokshakti Samajsevi Sanstha, A Society Registered Under The Provision Of Chhattisgarh Society Registrikaran Adhiniyam, 1973 Through Its Secretary Raju Samson S/o Late Sureshchand Samson, Aged 62 Years, Secretary, Lokshakti Samajsevi Sanstha, R/o House No. 21/391, Hanuman Nagar, Titurdhi, Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Women And Children Development, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, Raipur, Chhattisgarh

2. Director, Women And Children Development Department, Block - 1, Indrawati Bhawan, Nawa Raipur, Atal Nagar, Raipur, Chhattisgarh

3. Secretary, State Children Protection Samiti, Block - 1, Indrawati Bhawan, Nawa Raipur, Atal Nagar, Raipur, Chhattisgarh

4. Collector Durg, District Durg, Chhattisgarh

5. District Program Officer, Women And Children Development Department, Durg, Chhattisgarh ---- Respondents For Petitioner :

Mr. Malay Shrivastava, Advocate For State :

Mr. Chandresh Shrivastava, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 11.11.2019

1. The challenge in the present writ petition seems to be the action on the part

of the State Govt. in not releasing the aid which has been provided to the petitioner establishment who are otherwise running a "HARBOR (Boys)" at Durg.

2. The contention of the counsel for the petitioner at the outset is that the Secretary of the Department i.e. respondent no.1 has already vide a letter dated 20.06.2018 Annexure P-5 directed the concerned Collector to take an appropriate decision at the earliest so far as granting aid to the petitioner is concerned. However, till date the respondent no.4 has not taken any decision.

3. Given the said facts and circumstances of the case, this Court is of the opinion that ends of justice would meet if the respondent no.4 is directed to consider and decide the claim of the petitioner keeping in view the directives given by the Secretary of the Department i.e. respondent no.1 vide Annexure P-5 dated 20.06.2018. Let the respondent no.4 take a decision at the earliest preferably within a period of 90 days from the date of receipt of copy of this order. It shall be the responsibility of the petitioner to apprise the respondent no.4 so far as the order passed by this Court is concerned.

4. It is made clear that this Court has not expressed any opinion on the merits of the claim raised by the petitioner. The respondent no.4 shall decide the claim purely in accordance to law on its own merits.

5. With the aforesaid observation, the writ petition stands disposed of . Sd/- P. Sam Koshy Judge Khatai