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2025 DAILYLAW 19723 (CHH)

SMT. MANJU DEVI v. STATE OF CHHATTISGARH

WPC/1612/2020 · 2025-07-09

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:31917 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1612 of 2020 1 - Smt. Manju Devi W/o Shri Arun Soni Aged About 50 Years President Of Roshani Women Self Help Group Pachawal/ Assistant Seller Of Govt. Fair Price Shop Pachawal Village Pachawal Balrampur P.S. And Tahsil Balrampur District Balrampur Ramanujganj Chhattisgarh, District : Balrampur, 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) Balrampur District Balrampur Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh 3 - The Sub Divisional Officer (Revenue) Ramanujganj District Balrampur Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh 4 - The Food Inspector Balrampur District Balrampur Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh 5 - The Gram Panchayat Gram Maharjganj Through Its Secretary Of Village Panchayat Maharajganj P.S. And Tahsil Balrampur District Balrampur Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh ... Respondents SMT NIRMALA RAO 2 For Petitioner : Mr. A.N. Pandey, Advocate For Respondents No. 1 to 4/ State : Mr. Pramod Shrivastava, Deputy Government Advocate For Respondent No.5 : Mr. U.N.S. Deo, Advocate. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 10/07/2025 1. 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 the impugned order dated 8.7.2020 ANNEXURE P/1 issued by the respondent no. 3. 10.2 That, this Hon’ble court may kindly be pleased to direct the respondent no. 3 to allow to continue of the petitioner group for running the fair price shop of village- Pachawal, Distt- Balrampur (C.G.) as per allotment order dated 17.12.2009. 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.” 2. Learned counsel for the petitioner would submit that the order was passed by the Sub-Divisional Officer (Revenue) Ramanujganj, District- Balrampur- Ramanujganj, Chhattisgarh whereby 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 08.07.2020 passed by respondent No. 3. 3. On the other hand, learned counsel for the State would submit that the order passed by the Sub-Divisional Officer (Revenue) Ramanujganj is appealable one according to Clause 18 of the PDS (Control) Order, 2016, therefore, the petition is not maintainable. 4. I have heard learned counsel for the parties. 5. Taking into consideration the fact that there is 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 alongwith an application for grant of stay and the authority concerned is directed to decide it further period of 90 days strictly in accordance with law. 6. As interim order was passed in favour of the petitioner on 04.08.2020, it shall continue for said period. Sd/- (Rakesh Mohan Pandey) Judge Nimmi