Ma Shitla Jyoti Mahila Swa Sahayta ... vs State Of Chhattisgarh
2021 Latest Caselaw 3591 Chatt

                                      1

                                                                      NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                            WA No. 426 of 2021
       Ma Shitla Jyoti Mahila Swa Sahayta Samuh Devkar Through
       President, Smt. Sumitra Sahu, W/o Rajendra Sahu, Aged About 48
       Years, R/o Nagar Panchayat Devkar, ward No. 10, Police Station
       And Tahsil Saja, District Bemetara Chhattisgarh.
                                                               ---- Appellant
                                   Versus
  1.   State of Chhattisgarh Through Secretary, Department of Women
       And Child Development, Mantralaya, Mahanadi Bhawan, Naya
       Raipur Chhattisgarh.
  2.   Collector District Bemetara, Chhattisgarh.
  3.   District Programme Office Akikrit Bal Vikas Yojna, Saja District
       Bemetara Chhattisgarh.
  4.   Gaytri Mahila Swa Sahayata Samuh , Mohtara Bemetara Through
       President, Sector Bortata, District Bemetara Chhattisgarh.
                                                          ---- Respondents

(Cause-title taken from Case Information System)

For Appellant : Ms. Renu Kochar, Advocate For Respondents No. 1 to 3 : Mr. Gagan Tiwari, Deputy Government Advocate For Respondent No. 4 : Mr. Samir Singh, Advocate

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri N.K. Chandravanshi Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

09.12.2021 Heard Ms. Renu Kochar, learned counsel for the appellant. Also

heard Mr. Gagan Tiwari, learned Deputy Government Advocate

appearing for the respondents No. 1 to 3 and Mr. Samir Singh, learned

counsel appearing for the respondent No. 4.

2. This writ appeal is presented against an order dated 12.11.2021

passed by the learned Single Judge in Writ Petition (C) No.4459 of 2021

declining to entertain the writ petition on the ground of availability of

alternative remedy before the District Collector. Liberty was granted to file

appeal before the District Collector within a period of 30 days along with

an application for condonation of delay and the District Collector was

directed to hear the appeal in accordance with the guidelines as laid

down in circular dated 03.12.2019 and dispose of the same in

accordance with law.

3. Ms. Renu Kochar, learned counsel for the appellant submits that

the order dated 06.03.2019, by which the appellant was granted work

order for supply of ready-to-eat items under Purak Poshan Aahar Yojna,

was cancelled by order dated 26.10.2021 (wrongly noted by the learned

Single Judge as 11.06.2021) without affording any opportunity of hearing.

4. Mr. Gagan Tiwari, learned State counsel submits that the impugned

order would indicate that the notices were issued to the appellant, but

despite receipt of such notices, the appellant did not appear. It is further

submitted by Mr. Tiwari that the appellant has already availed the remedy

by way of filing of an appeal before the Collector and therefore, this writ

appeal is mis-conceived.

5. While, Ms. Kochar submits that no notices were received by the

appellant, it is not disputed by her that the appellant had filed an appeal

in terms of the order of the learned Single Judge.

6. In view of the fact that the appellant has already availed the remedy

of appeal in terms of the order of the learned Single Judge, we are not

inclined to entertain this appeal as it will be impermissible in law to allow

the appellant to approbate and reprobate.

7. Accordingly, the writ appeal is dismissed. No cost.

                         Sd/-                                     Sd/-

               (Arup Kumar Goswami)                   (N. K. Chandravanshi)
                    Chief Justice                              Judge


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