1 2025:CGHC:23338 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2619 of 2025 1 - Durga Mahila Swa Sahayata Samooh Registration No. 441011002 And 441011003 Through The President Smt. Sarsawati Dewangan Secretary Smt. Sonkuwar Banjare Salesman Shri Ramesh Sharma Aged 55 Years S/o K.R. Sharma R/o Nagar Panchayat Kharora P.S. Kharora District - Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Food And Consumer Affairs Mantralaya Nava Raipur Atal Nagar District - Raipur (C.G.) 2 - The Director Of Food And Civil Supplies And Consumer Protection Block- 2nd 3rd Floor Indrawati Bhawan Mantralaya Atal Nagar Raipur District- Raipur (C.G.) 3-The Collector Raipur District - Raipur (C.G.) 4 - The Food Controller Raipur Collectorate Office District - Raipur (C.G.) 5 - The Sub Divisional Officer (Revenue), Tilda Neora Distric - Raipur (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Jitendra Nath Nande, Advocate For Respondent-State : Mr. Praveen Das, Dy. A.G. along with Mr. Abhishek Gupta, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 12/06/2025 1. Counsel for the Petitioner prays for the following relief(s):- (i)That, this Hon’ble Court may be pleased to issue a writ of mandamus and set-aside/quash the order dated 4.11.2024 passed by the respondent No. 5 and order 2 dated 20.12.2024 passed by the learned Upper Collector Raipur, District Raipur and Petitioner may kindly be pleased to allow to operate the Fair Price Shop at Nagar Panchayat Kharora, District Raipur, in the interest of justice. (ii) That, any other relief which may be suitable in the facts and circumstances of the case, may also be granted. 2. Learned counsel for the petitioner submits that the petitioner is challenging an illegal and unsustainable suspension order dated 04.11.2024 and the same has been upheld by the Upper Collector Raipur on 20.12.2024 in Appeal Case No. 01/Year 2024-25 whereby the learned Upper Collector Raipur upheld the suspension order dated 04.11.2024 issued by the Sub-Divisional Officer (R ) Tilda-Neora, in respect to the functioning of Fair price shop by the petitioner at Nagar Panchayat Kharora, without considering the legal grounds and only on the basis of vague and erroneous inquiry report of the concerned Food Inspector and functioning of the fair price shop has been suspended. Therefore, it is liable to be quashed. 3. Learned counsel for respondents that with regard to the grievance of the petitioner, there is an alternative remedy is available to petitioner to appeal within 30 days against the order of the Collector. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the submission of the State Counsel and considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the present writ petition, reserving the right of the petitioner to avail the alternative statutory remedy of appeal. In case the petitioner prefers an appeal, the concerned authority is expected to decide the same in accordance with law at the earliest. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti Digitally signed by JYOTI JHA Date: 2025.06.17 10:48:10 +0530