Madhya Pradesh High Court
Saksharta Mahila Swa Sahayta Samooh, ... vs The State Of Madhya Pradesh on 22 February, 2011
W.P. No.3153.11
Writ Petition No. 3153 of 2011
22/02/2011
Shri K. K. Gautam, learned counsel for the
petitioner.
Heard on admission.
This petition under Article 227 of the Constitution
is directed against an order dated 05022010 passed by
respondent No. 2, Chief Executive Officer, Zila
Panchayat, Umaria; whereby, the proposal by the Chief Executive Officer, Janpad Panchayat, Manpur, district - Umaria, for grant of permission to Rani Durgawati Mahila Swa Sahayta Samooh, to distribute Mid Day Meal in Govt. Primary School, Bakeli and Anganwadi Centres No. 1 and 2 has been accepted.
Alleging that, the petitioner is a self help group constituted as per the scheme of the State Government to provide Mid Day Meal to Government Primary Schools and Anganwadi centres, was granted such permission in the year 2007 as also in the year 2011 and undermining the performance of the petitioner and under the influence of the local Member of Legislative Assembly the said permission has now been granted to respondent No. 5. It is urged that the said action of the respondent No. 2 is patently erroneous and infested with malice.
Admittedly, against the action taken by the Chief Executive Officer, Zila Panchayat, under the scheme of Mid Day Meal Distribution, a grievance can be raised W.P. No.3153.11 before the Collector of respective district, who, under the scheme enjoys a supervisory power supervising the proper implementation of Mid Day Meal scheme. Since a remedy is available to the petitioner, we dispose of this petition with liberty to prefer a representation before the Collector, Umaria. On such representation being preferred by the petitioner, Collector shall dwell upon the same and decide it within a period of 30 days from receiving the same by reasoned and cogent order and if the situation so warrants after giving an opportunity to the persons concerned.
In respect of the claim by the petitioner for grant of stay we are not inclined to do the same as the impugned order is dated 05022011 and was brought in force with immediate effect; thereby, since a third party has already been created, we are not inclined to grant any protection to the petitioner. However, the allotment in favour of respondent No. 5 shall remain subject to final decision taken by the Collector, Umaria.
With the liberty aforesaid the present petition is disposed of finally.
Certified copy as per rules.
(AJIT SINGH) (SANJAY YADAV)
JUDGE JUDGE
SC