1 2025:CGHC:2412 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 134 of 2025 1 Kalindar Yadav S/o Kewal Prasad Aged About 45 Years President, Mahamaya Khadya Suraksha Poshan And Upbhokta Sewa Sahkari Samiti Ltd. Kasra, District Koriya, Chhattisgarh 2 Smt. Kavita Sharma W/o Prem Kumar Sharma, Aged About 42 Years Vice- President, Mahamaya Khadya Suraksha Poshan And Upbhokta Sewa Sahkari Samiti Ltd. Kasra, District - Koriya, Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Chhattisgarh 2 The Collector District - Koriya Chhattisgarh 3 The Sub Divisional Officer (Revenue) Baikunthpur, District - Koriya Chhattisgarh 4 Gram Panchayat Kasra, Through Sarpanch/ Secretary, Block - Baikunthpur, District - Koriya Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Pushkar Sinha, Advocate For Respondent(s) / State : Ms. Nupoor Sonkar, P.L. 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 15/01/2025 Heard. 1. By the present writ petition the petitioner No. 1 & 2 who are President and Vice President of Mahamaya Khadya Suraksha Poshan & Upbhokta Sewa Sahkari Samiti Ltd. who has been allotted fair price shop at District Koriya are questioning the order dated 10.12.2024 (Annexure P-1) passed by the Respondent No. 3 whereby the allotment of fair price shop has been suspended. 2. Learned counsel for the petitioner submits that on 19.11.2024, a spot inspection was done by the Food inspector and a report was submitted before respondent No. 3. Thereafter, respondent No. 3 issued a show cause notice dated 21.11.2024 alleging irregularities in distribution of scheduled commodities to the card holders. Thereafter, the petitioner submitted its reply to the show cause notice issued by the SDO vide Annexure P-3. However, the order of suspension has been passed dated 10.12.2024 by the SDO (Revenue) stating that the petitioner has failed to deposit Jute bags during the period of 2024-25 and he has committed several irregularities in the work of public distribution system. He further submits that the impugned order dated 10.12.2024 (Annexure P-1) of suspension is bad in law as the show cause notice by respondent No. 3 was not about the same allegations under which the fair price shop has been suspended. 3. Learned State counsel submits that the order of suspension dated 10.12.2024 reflects that along with non deposit of jute bags there are other allegations of irregularities in the public distribution system against the 3 petitioner hence the suspension order is passed rightly against the petitioner fair price shop. 4. I have heard learned counsel for the petitioner and perused the records. 5. Perusal of show cause notice issued to the petitioner dated 21.11.2024 shows that it is about the shortage of food grains, however the suspension order has been passed on the ground that the petitioner has failed to deposit jute bags during the paddy purchase year 2024-25 which was not a ground of issuance of show cause notice dated 21.11.2024. It means that the respondent has suspended the allotment of fair price shop allotted to the petitioner on a ground which was not a subject of show cause notice dated 24.11.2012 and the petitioner has been deprived from explaining the reason stated in the suspension order dated 10.12.2024 which means it is violation of principal of natural justice. Considering the same, impugned order dated 10.12.2024 (Annexure P-1) is quashed and the writ petition is allowed. However, liberty is reserved to respondent/ State to take action in accordance with law if so advised. 6. Accordingly, the writ petition is allowed with the aforesaid observation. Sd/- (Bibhu Datta Guru) JUDGE Jyoti