A single judge order dismissing a writ petition because the impugned order is appealable to the Collector under the State Government guidelines, reserving the petitioner's right to approach the Collector.
The writ petition stands disposed of with the petitioner reserving the right to approach the Collector via appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (C) No. 66 of 2020
Indira Gandhi Mahila Swa-Sahayata Samooh, Through The President - Mainya Paikra W/o Mansay, Aged About 45 Years, R/o Village Matigadha, Block Pratappur, District – Surajpur, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Women And Child Welfare Department, Mantralaya, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh
2. The Collector, Surajpur, District – Surajpur, Chhattisgarh
3. Sub - Divisional Officer (Revenue), Pratappur, District - Surajpur Chhattisgarh
4. District Project Officer, Department Of Women And Child Welfare, District – Surajpur, Chhattisgarh
5. Chandrika Prasad Kushwaha S/o Shri Shivratan Kushwaha, Aged About 39 Years, R/o Village Podi, Post Office Kevda, Police Station And Tahsil Pratappur, District Surajpur, Chhattisgarh
6. Hariom Swa - Sahayata Samooh, Through Its President - Pratappur, District - Surajpur Chhattisgarh
---- Respondents
For Petitioner : Mr. V. K. Pandey, Advocate For State : Ms. Sunita Jain, Govt. Advocate
Hon'ble Shri Justice P. Sam Koshy
Order On Board
09.01.2020
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1. The challenge in the present writ petition is to the order dated 16.05.2018 passed by the District Programme Officer, Women and Child Development Department, District Surajpur.
2. At the outset, this Court is not inclined to entertain the writ petition on account of the fact that the impugned order which has been passed is one which is appealable under the guideline and scheme framed by the State Govt. and the appeal lies to the Collector.
3. Reserving the right of the petitioner to approach the Collector by way of an appeal, the present writ petition stands disposed of.
4. Needless to mention that on an appeal being filed by the petitioner, the Collector may decide the same as per law without being influenced by any correspondence or direction made in the past.
Sd/P. Sam Koshy Judge
Khatai
1 issue framed by the court
Whether the High Court can entertain a writ petition challenging an order under a state scheme when the scheme provides an appeal mechanism to the Collector.
Indira Gandhi Mahila Swa-Sahayata Samooh
State Of Chhattisgarh
The Collector, Surajpur
Sub - Divisional Officer (Revenue), Pratappur
District Project Officer, Department Of Women And Child Welfare, District – Surajpur
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
