Mahila Swa Sahayata Samuh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCC No. 1056 of 2019 Mahila Swa Sahayata Samuh, R/o. Village Tendua, Through Its President Smt. Hara Bai Patel, W/o. Mohit Ram Patel, Aged About 43 Years, R/o. Village Tendua, Village Panchayat Amlipali (B), Tehsil Sarangarh, District Raigarh Chhattisgarh.

---- Applicant Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Food, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

2. The Collector Raigarh, District Raigarh, Chhattisgarh.

3. The Sub Divisional Officer (Revenue) Sarangarh, District Raigarh, Chhattisgarh.

---- Respondents 02.12.2019 Mr. Roop Naik, Advocate for the Applicant/ Petitioner. Mr. Avinash Singh, Panel Lawyer for the State. Heard on Application for Modification of the Order dated 16.09.2019 passed in W.P.(C) No.3069 of 2019. It is a novel idea under which the MCC has preferred. It is completely misconceived and without application of justification. On specific query being made to the counsel under which provision the nature of relief can be entertained in MCC, the answer is under Article 226 of the Constitution. I am afraid, if such kind of prayer are entertained without going into statutory provisions then it will destroy the entire system. The prayer is repeatedly made that the Collector may be directed to entertain the appeal. After reading the order, already a direction have been passed, therefore, if the MCC is entertained, it would amount to pass a fresh order in garb of MCC. Accordingly, the MCC is dismissed.

Sd/- (Goutam Bhaduri) ashok Judge