1 2025:CGHC:17271 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2297 of 2020  Smt. Rajkumari Wife Of Shri Ramkhilawan Aged About 38 Years President Of Nari Sabal Mahila Swa Sahayata Samuh Lohari, Marwahi District Gourela Pendra Marwahi (Chhattisgarh), Resident Of Lohari, Tahsil And Police Station Marwahi District Gourela Pendra Marwahi (Chhattisgarh) ... Petitioner(s) versus 1. State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan, New Raipur, Atal Nagar, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2. The Collector (Food Department) Marwahi, District Gourela Pendra Marwahi (Chhattisgarh) 3. The Sub Divisional Officer (Revenue) Marwahi, District Gourela Marwahi (Chhattisgarh) 4. The Food Inspector Marwahi, District Gourela Pendra Marwahi (Chhattisgarh) ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Vinod Kumar Tekam, Advocate For State : Mr. Topi Lal Bareth, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 15. 04.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to set-aside impugned order dated 31.08.2020 (Annexure P-1) passed by the respondent no. 3, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to allow the continue of the petitioner group for running the fair price shop of village Lohari, District Gourela Pendra Marwahi as per allotment order, in the interest SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.04.16 17:01:07 +0530 2 of justice. 10.3 That, this Hon'ble Court may kindly be pleased to call for entire record in this case and hold an enquiry in the entire proceeding of cancellation of fair price shop of the petitioner, in the interest of justrice. 10.4 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 would submit that the Fair Price Shop at Village Lohari, Tahsil Marhahi was allotted to the petitioner. He would further submit that without affording any opportunity of hearing, the Sub- Divisional Officer (Revenue), Marwahi suspended the order of allotment vide order dated 31.08.2020, and attached the Fair Price Shop with the Government Fair Price Shop, Manora. He would also submit that the order is bad in law as no inquiry was held. 3. On the other hand, learned counsel appearing for the State would oppose. He would submit that the order passed by the Sub-Divisional Officer (Revenue), Marwahi is appealable according to Clause 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016. 4. Heard. 5. Taking into consideration the fact the order is appealable one; in the opinion of this Court, this petition is not maintainable and is hereby dismissed. However, the petitioner would be at liberty to prefer an appeal before the appellate authority within a period of 30 days from today along with an application for the grant of stay. The authority is directed to decide the application for the grant of stay within a further period of 30 days. For a period of 60 days, the interim order granted on 08.10.2020 shall continue. Sd/- (Rakesh Mohan Pandey) Judge $iddhant