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2025 DAILYLAW 25933 (CHH)

HEERAMANI v. STATE OF CHHATTISGARH

WPC/2273/2020 · 2025-07-14

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:32987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2273 of 2020 1 - Heeramani S/o Shri Karam Sai Aged About 36 Years Sarpanch / Seller Of Government Fair Price Shop Of Village - Panchyat - Liloti Block - Balrampur District - Balrampur - Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The, Collector (Food Department) Balrampur District - Balrampur - Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh 3 - The, Sub - Divisional Officer (Revenue) Ramanujganj Now Balrampur District - Balrampur - Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh 4 - The Food Inspector - Balrampur District - Balrampur - Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh 5 - Government Faire Price Shop Kotsari Block - Balrampur District - Balrampur - Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh ... Respondent(s) For Petitioner : Shri A.N. Pandey, Advocate For Respondent/ State : Mr. Raj Kumar Gupta, Addl. A.G. SMT NIRMALA RAO 2 Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 15/07/2025 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 15.7.2020 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- Liloti, Block Balrampur, Distt- Balrampur (C.G.) as per allotment order dated 11.05.2006. 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) Udaipur, District- Surguja, 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 15.07.2020 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 3 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 7.10.2020, it shall continue for said period. Sd/- (Rakesh Mohan Pandey) Judge Nimmi