Parama Devi W/o Gordhan Ram v. State of Rajasthan, Through Its Principal Secretary, Panchayati Raj Department
2024-07-12
REKHA BORANA
body2024
DigiLaw.ai
ORDER : REKHA BORANA, J. 1. The present writ petition has been preferred aggrieved of the action of the respondent authorities in deactivating SSO ID of the petitioner. 2. The facts are that the petitioner was selected by the female members of the Vishwakarma Self Help Group (SHG) as its head to operate the Indira Rasoi in Village Kuchor Aguni. An agreement dated 04.10.2023 for the purpose, was entered into with the development officer of the concerned Panchayat Samiti for a period of three years. 3. In pursuance to the said agreement, the Rasoi was being operated by the petitioner but without any cause or reason, in the month of February 2024, the SSO ID of the petitioner was blocked/deactivated. The reason given for the same was that in the meeting of the District Level Co-ordination & Monitoring Committee held on 11.03.2024, it was decided that as the village in question did not have a population of more than five thousand, the operation of the Rasoi in question is not of much public utility. 4. Learned counsel for the petitioner submits that firstly, no notice whatsoever, was given to the petitioner before the decision dated 11.03.2024 was taken. Secondly, the fact that the village in question did not have a population of five thousand is also factually incorrect as the electoral roll of the village in question itself comprise of more than four thousand members. Thirdly, the alleged requirement of the population of a village being more than five thousand was never a condition precedent in the concerned scheme at the time of its introduction. 5. Per contra, learned AAG appearing for the State submits that the scheme was undertaken by the State Government with an aim to provide food at reasonable rates to the common public. But, subsequently it was found that said Rasois are being operated in the very many areas where its utility was of not much worth. Therefore, in such areas, because of lesser population, it was decided that such Rasois be closed and hence, in terms of the Committee decision dated 11.03.2024, the SSO ID of the petitioner was also deactivated. Counsel submits that the said decision was not taken qua the petitioner alone but was taken in respect to 53 such Rasois and hence, cannot be termed to be arbitrary. 6. Heard learned counsel for the parties and perused the material available on record.
Counsel submits that the said decision was not taken qua the petitioner alone but was taken in respect to 53 such Rasois and hence, cannot be termed to be arbitrary. 6. Heard learned counsel for the parties and perused the material available on record. 7. A bare perusal of the minutes of meeting dated 11.03.2024 (Annex.R/1) shows that the only reason assigned to close down 53 Rasois was that the population of the concerned area was not more than five thousand whereas the Rasois were started on the criterion of the population of the village only. The above fact and reason as assigned, prove to be factually incorrect in terms of the voter list of 2023 as placed on record by the petitioner along with her rejoinder. Evidently, no other reason has been assigned in the document dated 11.03.2024 as to why the operation of the Rasoi is not of much utility. 8. Further, it is evident on record that no notice whatsoever, was served on the petitioner prior to the decision of her SSO ID being deactivated and further, no valid reason was assigned in deactivating the same. It is quite natural that a substantial amount would have been invested by the petitioner/Self Help Group for operation of the concerned Rasoi. An order to discontinue the same on one fine morning without any notice to the concerned and the affected party, cannot be anything other than arbitrary and against the principles of natural justice. The action of the respondent authorities cannot be approved on any count. 9. The writ petition is hence, allowed . The respondent authorities are directed to reactivate the SSO ID of the petitioner with immediate effect and permit her to operate the Rasoi qua which an agreement was entered by the competent authority, for the period for which the agreement was entered. 10. Stay petition and all pending applications, if any, stand disposed of.