Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2292 of 2020 1 - Smt. Vimla Rajwade W/o Shri Shiyaram Rajwade, Aged About 42 Years Caste Rajwad, President Of Devi Mahila Swa Sahayata Samuh Adachi, Ambikapur, District Sarguja (C.G.), R/o Adachi, Police Station Darima, Tahsil Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), 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), Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 3 - The Sub Divisional Officer (Revenue) Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 - The Food Inspector Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh
... Respondent(s) For Petitioner : Mr. Vinod Kumar Tekam, Advocate For State : Ms. Neelima Singh Thakur, Panel Lawyer For Intervener : Mr. A.N. Pandey, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board Digitally signed by AJINKYA PANSARE Date: 2025.07.09 17:30:18 +0530
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09.
07.2025
1. By way of this petition, the petitioner has sought the following relief(s):- (i) That, this Hon'ble Court may kindly be pleased to set-aside impugned order dated 07.09.2020 (Annexure P-1) passed by the respondent no. 3 and advertisement dated 07.09.2020 (Annexure P-2) issued by the respondent no. 3, in the interest of justice. (ii) 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 Adachi, District Sarguja as per allotment order dated 19.09.2016, in the interest of justice. (iii) 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. (iv) 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 Adachi, Tahsil Ambikapur was allotted to the petitioner. He would further submit that without affording any opportunity of hearing, the Sub-Divisional Officer (Revenue), Ambikapur cancelled the order of allotment vide order dated
07.09.2020. He would also submit that the order is bad in law as no inquiry was held.
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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), Ambikapur 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 at admission stage.
6. 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 Ajinkya