1 2025:CGHC:13606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2944 of 2021 1 - Saifsana Women's Welfare Society Through Its Secretary Smt. Reeta Sahu, W/o Shri Shesh Kumar Sahu, Aged About 36 Years , Address Saifsana Women's Welfare Society , Turra Para , Dharamjaigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Collector (Food Branch) Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 2 - Sub Division Officer (Revenue) Dharamjaigarh, District Raigarh Chhattisgarh. ---- Respondents WITH WPC No. 3220 of 2021 1 - Saifsana Womens Welfare Society Through Its Secretary Smt. Reeta Sahu, W/o Shri Shesh Kumar Sahu , Aged About 36 Years, Address Saifsana Women's Welfare Society, Turra Para, Dharamjaigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through District Collector Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 2 - Sub Divisional Officer (Revenue) Dharamjaigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 3 - Gayatri Women's Self Help Group Sithra Through Its Secretary, Post Sithra , Block Dharamjaigarh , District Raigarh Chhattisgarh., District : -2- Raigarh, Chhattisgarh ---- Respondents For Petitioner : Shri Avinash K. Mishra, Advocate. For Respondent/ State : Shri Prateek Tiwari, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21.03.2025 1. In WP(C) No.2944 of 2021, the petitioner has sought the following relief(s):- “I. That, the Hon'ble court may kindly be pleased to issue the appropriate writ (s) / order (s)/ Direction (s) and quash/set-aside the impugned order dated 16.03.2021 (Annexure-P/1) issued by the respondent No.2. II. Any other relief/relief's, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioner.” 2. In WP(C) No.3220 of 2021, the petitioner has sought the following relief(s):- “I. That, the Hon'ble court may be pleased to issue an appropriate writ in the nature of mandamus or Certiorari and quash/ set-aside the impugned order dated 16.06.2021 (Annexure-P/1) issued by the respondent No.2. II. That, the Hon'ble court may be pleased to issue the appropriate direction to the respondent authority for allotment of the question govt. fair price shop, to the 3 petitioner society. And further direct the respondent no.1 to take appropriate action against the respondent no.2. III. Any other relief/relief's, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioner.” 3. Learned counsel for the petitioner would submit that by the impugned orders dated 16.3.2021 & 16.6.2021 (Annexure-P/1), the operation of the Fair Price shop, which was being run by the petitioner, was suspended by the Sub Divisional Officer (Revenue) on the ground that petitioner failed to file a reply to the show cause. It is submitted that the petitioner was not served with any show cause notice. He would contend that a letter was addressed to respondent No. 2 on 15.7.2021 to conduct an enquiry. He would also submit that the show cause notice dated 8.3.2021 was served after the passing of the impugned order at the request of the petitioner. He would contend that after going through the show cause notice, the petitioner came to know that the reason for the suspension was the petitioner’s failure to deposit the required amount within the stipulated time as per the norms of the Chhattisgarh Public Distribution (Control) Order 2016. He would further contend that as per the Control Order 2016, the petitioner was required to deposit the amount by the 10th of the month and there was no default. It is argued that the order of suspension is -4- bad in law, which requires to be quashed. 4. Learned counsel for the State would oppose the submissions made by counsel for the petitioner. He would submit that the order passed by the Sub-Divisional Officer under the Chhattisgarh Public Distribution (Control) Order 2016 is appealable before the Collector according to Clause 18 of the Control Order, 2016. 5. Taking into consideration the fact that the order passed by the Sub-Divisional Officer under the Chhattisgarh Public Distribution (Control) Order 2016 is appealable before the Collector, according to Section 18 of the Control Order, 2016, in my opinion, these petitions are not maintainable. 6. Accordingly, both petitions are hereby dismissed. The petitioner shall be at liberty to approach the appropriate authority by filing the appeal. 7. Any observation made in this order would not come in the way of the Appellate Authority while deciding the appeal. Sd/- (Rakesh Mohan Pandey) Judge Nimmi