1 2025:CGHC:15442 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1434 of 2021 1 - Phatima Women Self Help Group Ambikapur Through President Samsad Begum W/o Islam Ansari Aged About 43 Years President Of Phatima Women Self Help Group Ambikapur Block Ambikapur District Surguja (Chhattisgarh) R/o Darripara Block Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2 - The Collector, (Food Department) Surguja District Surguja (Chhattisgarh), District : Surguja (Ambikapur), Chhattisgarh 3 - Food Inspector Ambikapur District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 4 - President Of Nawagarh Khadaiya Suraksha Poshan And Up-Seva Sahkari Samiti Maryadit Nawagarh/ Operator Of Govt. Faire Price Shop Nawagarh I.D. No.39001052 Block Ambikapur District Surguja (Chhattisgarh), District : Surguja (Ambikapur), Chhattisgarh ... Respondents For Petitioner : Ms. Akanksha Vishwakarma, Advocate holding the brief of Shri A.N. Pandey, Advocate. For Respondents/ State : Ms. Shailja Shukla, Deputy Government Advocate SMT NIRMALA RAO 2 Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 02/04/2025 1. Heard on admission. 2. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble court may kindly be pleased to set aside of impugned order dated 26.2.2021 ANNEXURE P/1 issued by the respondent no.3 and allow the petitioner to continue for running of fair price shop of ward no. 24 Darripara, Block-Ambikapur Distt Surguja (C.G) 10.2 That, this Honble Court may kindly be please to called the entire record in the entire proceeding of cancellation of fair price shop of petitioner. 10.3 Any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner would submit that the order was passed by the Food Inspector, Ambikapur, District- Surguja, Chhattisgarh, whereby the fair price shop allotted to the petitioner was suspended. He would contend that no inquiry was conducted and no opportunity of hearing was afforded. He would pray to quash the order dated 26.02.2021 (Annexure P/1) passed by respondent No. 3. 4. On the other hand, learned counsel for the State would submit that the order passed by the Food Inspector, Ambikapur, District Surguja, is appealable under Clause 18 of the the Chhattisgarh Public Distribution System (Control) Order, 2016, therefore, the petition is not maintainable. 5. Having heard learned counsel for the parties and perused the documents present on record. 6. Taking into consideration the fact that there is an efficacious alternative remedy available to the petitioner, I am not inclined to keep this matter 3 pending. Consequently, the petition is hereby dismissed. However, the petitioner would be at liberty to prefer a duly constituted appeal before the concerned Collector within a period of 30 days from today, along with an application for the grant of stay. The authority concerned is directed to decide the appeal within a period of 90 days, strictly in accordance with law. 7. As an interim order was passed in favour of the petitioner on 10.03.2021, it shall continue for the said period. Sd/- (Rakesh Mohan Pandey) Judge Nimmi