1 2025:CGHC:18629 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2022 of 2025 1 - Rani Women Self Help Group- Dhekidoli Through President Smt. Devmati W/o Gokul Sai, Aged About 24 Years, President Of Rani Self Help Group- Dhekidoli, R/o Village- Dhekidoli, Tahsil- Sitapur, District Surguja, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 2 - The Collector (Food Department) Surguja (Ambikapur), District Surguja, Chhattisgarh. 3 - The Sub Divisional Officer (Revenue) Sitapur, District Surguja, Chhattisgarh. 4 - The Food Inspector- Sitapur Tahsil Sitapur, District Surguja, Chhattisgarh. 5 - President Of Goverdhan Self Help Group- Shivnathpur R/o Village- Shivnathpur, Tahsil- Sitapur, District Surguja, Chhattisgarh. ... Respondent(s) (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. A.N. Pandey, Advocate through video conferencing For State :- Mr. Praveen Das, Dy. A.G. & Mrs. Upasana Mehta, Dy. G.A. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 24.04.2025 Digitally signed by SHAYNA KADRI 2 1. Heard. 2. The present petition is being filed against the impugned order dated 02.09.2024 issued by Respondent No. 3, by which the fair price shop of the petitioner has been suspended. 3. The petitioner has filed this petition seeking following reliefs:- “10.1 That, this Hon'ble court may kindly be pleased to set aside of the impugned order dated 02.09.2024 ANNEXURE P/1 issued by the respondent no.3. 10.2 That, this Hon'ble court may kindly be pleased to set-aside the allotment order dated 15.10.2024 (Annexure P/4) 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.” 4. Facts of the present case is that the respondent No. 4 inspected the petitioner’s shop and prepared an inspection report alleging some minor deficiency, which is contrary to Rule 9(9) of the Chhattisgarh Public Distribution System (Control) Order, 2016, and submitted the report to Respondent No. 3. Based on this inspection report, Respondent No. 3 issued a show cause notice to the petitioner dated 08.08.2024, in which the only allegation was that the petitioner self-help group is having some minor deficiency. 5. Learned counsel for the petitioner submits that impugned order dated 02.09.2024 has been issued by Respondent No. 3, by which the fair price shop of the petitioner has been suspended. After receiving the show cause notice, the petitioner failed to 3 submit a reply within three days due to the short time granted. The petitioner contends that the alleged deficiencies were minor and did not constitute a violation of the rules or any irregularity in operating the fair price shop. Despite this, respondent No. 3 cancelled the shop without conducting an inquiry into the charges, providing an inspection report, recording statements from ration card holders, villagers, the petitioner, or the concerned Food Inspector, or affording an opportunity for a hearing, contrary to Rule 16 (3) of the Chhattisgarh Public Distribution System (Control) Order. Hence, the ground taken by Respondent No. 3 for suspension of the fair price shop is illegal, arbitrary, and contrary to law. 6. Learned counsel for the respondent-State opposes the submissions made by the learned counsel for the petitioner and submits that the impugned order has been rightly passed and requires no interference by this Hon’ble Court. It is further submitted that the instant petition is not maintainable, as the suspension order in question falls within the jurisdiction of the Sub-Divisional Officer (Revenue), who is the prescribed authority under the Chhattisgarh Public Distribution System (Control) Order, 2016, and is required to conduct the necessary enquiry in accordance with the said Order. 7. Relying upon the judgment passed by the Hon’ble Supreme Court and also on various occasions by this Hon’ble High Court, including the recent decision in the matter of Sitara Women Self 4 Help Group, Chamanpur vs. State of Chhattisgarh and Others in WPC No. 4043/2022, decided on 16.04.2025, the learned State counsel submits that an alternative remedy is available to the petitioner under the law. If the petitioner approaches the Sub- Divisional Officer (Revenue) and the Collector by way of an appeal along with an application for interim relief, the concerned authorities are at liberty to consider and decide the same in accordance with law. 8. I have heard learned counsel for the parties and also perused the material available on record. 9. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties, and also taking into account the decisions rendered by the Hon’ble Supreme Court as well as this Court, particularly the recent decision in Sitara Women Self Help Group, Chamanpur vs. State of Chhattisgarh and Others in WPC No. 4043/2022, decided on 16.04.2025, this Court directs the petitioner to approach the concerned Sub-Divisional Officer (Revenue) and the Collector by way of an appeal along with an application for interim relief within a period of 10 days from the date of receipt of a copy of this order. The concerned appellate authorities shall consider and decide the interim application filed by the petitioner within a maximum period of 30 days from the date of receipt of such application. 10. It is further made clear that the petitioner is required to approach 5 the SDO(R) on or before 10th May, 2025. 11. However, till the final decision of this case, the interim order earlier granted by this Court shall remain intact. It is also made clear that the said interim order shall be effective only for the limited period until the decision of the appeal by the concerned authority. 12. The Sub-Divisional Officer (Revenue) is emphatically directed to decide the appeal and the application for interim relief expeditiously. 13. With the aforesaid observation(s) and direction(s), the present petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shayna