Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:15360
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1600 of 2020 • Smt. Rajani Soni W/o Shri Umesh Soni Aged About 36 Years President Of Jai Mata Rani Women Self Help Group Dahejwar (Semalaipara)/ Assistant Seller Of Govt. Fair Price Shop Dahejwar Village- Dahejwar Balrampur P.S. And Tahsil- Balrampur, District Balrampur- Ramanujganj, Chhattisgarh
... Petitioner 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) Balrampur District- Balrampur- Ramanujganj, Chhattisgarh
3. The Sub-Divisional Officer (Revenue) Ramanujganj, District- Balrampur- Ramanujganj, Chhattisgarh
4. The Food Inspector Balrampur District Balrampur- Ramanujganj, Chhattisgarh
5. President Prathmik Vipnan Sahkari Samiti Maryadit Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh
... Respondents For Petitioner : Mr. A.N. Pandey, Advocate For Respondents No. 1 to 4/ State : Mr. Pramod Shrivastava, Deputy Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board 01/04/2025
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- Dahejwar, Distt- Balrampur (C.G.) as per allotment order dated 29.7.2015. Digitally signed by RAMESH KUMAR VATTI
2 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 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 vatti