1 2025:CGHC:23342 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2687 of 2025 Asthabhuji Mahila Swa Sahayta Samooh Kotetara Registration No. 122201950859 Through Its President Smt. Sarojani Sahu W/o Shri Kumar Sahu Aged About 31 Years, R/o Village- Kotetara, Thana And Tahsil- Jaijaipur, Distt.- Sakti (C.G.) ... Petitioner versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mantralaya Mahanadi Bhawan, Capital Complex New Raipur, Distt.- Raipur (C.G.) 2 - Collector Sakti Distt.- Sakti, (C.G.) 3 - Sub Divisional Officer (Revenue) Sakti Distt.- Sakti (C.G.) 4 - Food Inspector Jaijaipur Distt.- Sakti (C.G.). ---- Respondents For Petitioner : Mr. Sumit Shrivastava, Advocate For State : Mr. Saumitra Kesharwani, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 12/06/2025 2 1. The present writ petition has been filed by the petitioner with the following relief(s) : “10.1 That, this Hon’ble Court may kindly be pleased to issue appropriate writ by commanding and directing the respondents to produce all relevant record for kind perusal of this Hon’ble Court which relates to stoppage of amount of the petitioner shops of Koteta and Khamhariya. 10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ commanding and directing the respondent No.2 & 3 to consider and decide the representation of petitioner dated 09.10.2024 and 22.01.2025 as early as possible. 10.3 That, any other relief that may be deemed fit and just in the facts and circumstances of the case including awarding of the heavy cast of the petition.” 2. Learned counsel for the petitioner contended that the inaction on the part of the respondent authorities is highly arbitrary, unjust, illegal, unconstitutional and prejudicial to the interests of the petitioner society. There is no shortage of rice or food grains in the Shops since April 2024 to April 2025 for the period in which the commission has been withheld all the data ha been submitted in website which was duly verified by the department. He further contended that till the date no 3 order for withheld the commission of the society or the order of suspension, cancellation of allotment of the shop has been issued. He further contended that the respondents have not assigned any reasons as why the amount of commission has been withheld since April, 2024 to till the date though the similar Shop holders were receiving the amount regularly just after completing 3 months distribution. Till the date no any order as per the provisions contained under Rule 16 of the Chhattisgarh Public Distribution System (Control) Order 2016 has been passed for suspension or cancellation of the allotment order and the agreement has not been cancelled but in the present case the period of 13 months has been lapse, the prescribed authority has not released the amount for which the Samooh is legally entitled. There is no provision under the Rules 2016 to withheld commission/ amount of the fair price shop for indefinite period. Being aggrieved by the inaction of the respondent authorities the petitioner society filed a representation dated 09.10.2024 and 25.01.2025 requesting the respondent no. 2 and 3 to released the amount but the same has not been considered and decided till the date and kept the same pending deliberately in order to harass the petitioner. All the women of the group are facing great hardship in earning the livelihood due to non-releasing the amount of the commission of fair price shop which was run by the applicant group and they have no other work looking to the need of the members it is just and proper to released the legally admissible amount. Before April 2024 petitioner Samooh has received the amount and since 13 months 4 without any rhymes and reasons the amount has not been paid and orally it is assured by the officers that the same will be disbursed early therefore the petitioner waited for about 1 years but nothing has been done. 3. Learned counsel for the State-respondent not opposes the limited prayer made by learned counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. On due consideration and looking to the facts and circumstances of the case, the petition is disposed of at this stage, directing the respondents No.2 & 3 to consider and decide the representation of petitioner dated 09.10.2024 and 22.01.2025 as expeditiously as possible as per law, rules and regulations. 6. It is made clear that this Court has not expressed any opinion on the merits of the case and the authorities shall not be prejudiced by any observation made by this Court and shall decide the case of the petitioner on its own merits. 7. Accordingly, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant