Maa Janki Swsahayata Samuh Chuana Through Adhyaksh Smt. Doli Parihar vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:32473
1 WA-3674-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
&
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
rd
ON THE 23 OF OCTOBER, 2026
WRIT APPEAL No. 3674 of 2026
CNR No.: MPHC030281022026
MAA JANKI SWSAHAYATA SAMUH CHUANA THROUGH
ADHYAKSH SMT. DOLI PARIHAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Krishna Kant Shrivastava - Advocate for the appellant.
Shri Kaushlendra Singh Tomar - GA for State.
ORDER
Per: Justice Pushpendra Yadav
By way of the instant appeal, the appellant is challenging the order
dated 09.09.2026 passed in W.P. No. 21184 of 2024, whereby the writ
petition filed by the appellant has been dismissed.
2. The brief facts of the case are that the appellant is a self-help group
which was entrusted with the work of distribution of mid-day meals. By the
impugned order dated 08.07.2024, passed by the Chief Executive Officer,
Janpad Panchayat Khaniyadhana, District Shivpuri, the work of distribution
of mid-day meals was taken over from the appellant. The appellant
challenged the said order mainly on the ground that it had been passed in
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 10/28/2026
10:57:21 AM

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violation of the principles of natural justice. Without furnishing the

complaint and without affording an opportunity of hearing, the impugned
order of taking over the distribution work of mid-day meals was passed. The
learned Single Judge, relying upon the order passed by the Division Bench in
the case of Neha Swa-sahayata Samooh, Datia Vs. State of Madhya Pradesh
and others i n W.A. No. 1836/2019, decided on 21.01.2020, dismissed the
writ petition. Hence, the present appeal.
3. Learned counsel for the appellant submits that the appellant was
distributing the mid-day meals since 2017 and all of a sudden the work has
been taken over by the impugned order. Before passing the impugned order
neither the complaint was furnished nor any opportunity of hearing was
afforded. It is further submitted that the impugned order has been passed by
Chief Executive Officer, Janpad Panchayat, whereas as per the policy the
competent authority is Chief Executive Officer, Zila Panchayat. The
respondents have passed the order mechanically in violation of principal of
natural justice.
4. Per contra, learned counsel for respondent/State supported the
impugned order and prayed for dismissal of this writ appeal.
5. Heard the counsels for the parties and perused the record.
6. The work of distribution of mid day meal is the beneficiary scheme
of the State Government and the primary consideration and object of the
scheme is to provide nutritious, hygienic and fresh food to the school going
children. The distribution of mid day meal to school going children is not an
ordinary contractual activity. The record reveals that a complaint was
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 10/28/2026
10:57:21 AM

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received from villagers alleging that the appellant was not supplying mid day

meal in accordance with the prescribed menu. An enquiry was, thereafter,
conducted in which the statements of children were recorded. In the enquiry
allegations made against the appellant was found correct and, thereafter, the
show-cause notice was duly served upon the appellant. After completion of
the enquiry, report was placed before the competent authority i.e. Chief
Executive Officer, Zila Panchayat, Shivpuri who vide order dated 24.06.2024
directed the matter to be placed before the Block Level Committee for
appropriate decision. The Block Level Committee, thereafter, considered the
matter and directed that the work of distribution of mid-day meal should be
taken away from the appellant and consequent upon the same, the impugned
order was passed by Chief Executive Officer on 08.07.2024. In the present
matter the competent authority took the decision to take over the work from
the appellant and, thereafter, the Chief Executive Officer, Janpat Panchayat
has only issued the consequential order. The Division Bench of this Court in
the case of Neha Swa-sahayata Samooh, Datia(supra) has already held that
the question whether the distribution of mid-day meal by the Self Help
Group was infested with irregularities was essentially a disputed question of
fact and the relationship between the authorities and the Self Help Group was
contractual in nature. The Division Bench further emphasized that
interference in the matters concerning distribution of mid-day meals ought
ordinarily to be avoided as it may adversely affect the health and lives of
innocent children who are not before the Court.
7. As the appellant was involved in distribution work of mid-day meal
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Signed by: CHANDNI
NARWARIYA
Signing time: 10/28/2026
10:57:21 AM

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which was beneficial scheme of the State Government and after receiving the

complaint, the same was enquired into by the competent authority and found
that the appellant is not providing the mid-day meal in accordance with the
prescribed menu. The learned Single Judge, after considering the material
available on record and relying upon the directions issued by the Division
Bench in the case of Neha Swa-sahayata Samooh, Datia(supra) has rightly
held that the appellant has not been able to demonstrate any such patent
illegality, perversity or jurisdictional error in the impugned action which
would justify interference in exercise of extraordinary writ jurisdiction.
8. In view of the aforesaid discussion, this Court finds that the learned
Single Judge has rightly exercised its jurisdiction, thus, there is no ground to
interfere with the order passed by the learned Single Judge. The appellant has
failed to establish any illegality, perversity, or jurisdictional error warranting
interference by this Court in the exercise of its appellate jurisdiction.
Accordingly, the writ appeal, being devoid of merit, is hereby dismissed. No
order as to costs.

(G. S. AHLUWALIA)
(PUSHPENDRA YADAV)
JUDGE
JUDGE
Chandni

Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 10/28/2026
10:57:21 AM