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2025 DAILYLAW 14786 (CHH)

SUKUMAR MANDAL v. STATE OF CHHATTISGARH

WPC/1591/2025 · 2025-04-01

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:15322 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1591 of 2025 1 - Sukumar Mandal S/o Vinod Aged About 51 Years R/o Vill.- Silphili, Tah.- Latori, Dist.- Surajpur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Its Secretary, Department Of Food Civil Supplies And Consumer Protection, Mahanadi Bhavan, Naya Raipur, District- Raipur (C.G.) 2 - District Magistrate Dist.- Surajpur (C.G.) 3 - Sub Divisional Officer (R.) Surajpur, Dist.- Surajpur (C.G.) 4 - Pragati Shakti Mahila Bachat Samuh Silfili, Reg. No. 2008/ C.G./ S.P./ S.P.U.R./26299 ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Vikas Upadhyay, Advocate For State : Shri Santosh Bharat, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 01/04/2025 1. It is submitted by learned counsel appearing for the petitioner that vide order dated 19.7.2024 Fair Price Shop, Silfili has been attached to Fair Price Shop, Madanpur with ID No.392009064. The petitioner has filed an appeal before Digitally signed by GOPAL SINGH Date: 2025.04.24 20:53:30 +0530 2 respondent No.1/Secretary against the action taken by the respondents authorities by which running of the Fair Price Shop at Silfili by the petitioner has been suspended. Against that order of suspension, the petitioner had filed an appeal before the Collector, Surajpur, which has been dismissed and against that order of dismissal the petitioner has filed the appeal before respondent No.1/Secretary on 6.1.2025. However, till date, the said appeal has not been decided. It is further submitted that along with the said appeal for quashment of the impugned order dated 1.1.2025 passed by the Collector, an interim application has also been filed for stay of the impugned order. Since his appeal and the interim application are lying pending before the Secretary, the petitioner has approached before this Court with a prayer that respondent No.1 be directed to decide his appeal and till then an order of stay may be granted. 2. Learned counsel appearing for the State submits that vide the order dated 19.7.2024 Fair Price Shop, Silfili has been attached with Fair Price Shop, Madanpur, as such no interim order can be passed. 3. At this stage, learned counsel for the petitioner further submits that in earlier petition, being WPC No.644 of 2025, the present petitioner had sought a limited prayer to direct the respondents to decide the appeal filed by the petitioner under Section 18(2) of the Chhattisgarh Public Distribution System (Control) Order, 2016 which is pending before the 3 Secretary, Department of Food, Civil Supplies and Consumer Protection/respondent No.1 and also the stay application questioning the order passed by the Collector dated 1.1.2025. Having considered the submissions made by learned counsel for the parties, the said writ petition was disposed of on 31.1.2025 with a direction to the Secretary, Department of Food, Civil Supplies and Consumer Protection/respondent No.1 to consider the application for grant of interim relief, which has been filed by the petitioner along with his appeal under Section 18(2) of the Chhattisgarh Public Distribution System (Control) Order, 2016, at the earliest. However, till date, neither the interim application has been decided nor the appeal has been decided by the Secretary. 4. In view of the foregoing, respondent No.1/Secretary is directed to decide the appeal of the petitioner within 30 days from the date of production of a copy of this order. It is incumbent upon the Secretary that when the order has already been passed by this Court on 31.1.2025 it must have been given effect to. 5. With the aforesaid observations and directions, the writ petition is disposed of. 6. Compliance of this order be reported by respondent No.1/Secretary to the Registrar (Judicial) of this Court forthwith. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh