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2025 DAILYLAW 29015 (CHH)

JAI SAI BABA PRATHMIK SAHAKARI UPBHOKTA BHANDAR v. STATE OF CHHATTISGARH

WPC/2743/2020 · 2025-02-21

Shri Rakesh Mohan Pandey

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:9137 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2743 of 2020 1 - Jai Sai Baba Prathmik Sahakari Upbhokta Bhandar Kathiya Kurud, District Bemetara Through Its President Anil Kumar Sahu S/o Shri Shobhit Ram Sahu, Aged About 42 Years R/o Gram Panchayat Kathiya, Post Ranka, Tahsil Berla, District Bemetara Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh., 2 - Special Secretary Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh., 3 - The Collector Bemetara District Bemetara Chhattisgarh 4 - Food Controlleer Bemetara District Bemetara Chhattisgarh 5 - Sub Divisional Officer (Revenue) Berla, District Bemetara Chhattisgarh 6 - Jai Ghasidas Baba Khadya Suraksha Poshan Avam Upbhokta Sewa Sahakari Samiti Maryadit Through President, Kiritpur, Tehsil Berla District Bemetara Chhattisgarh 7 - Jai Siddhi Maa Khadya Suraksha Poshan Avam Upbhokta Sewa Sahakari Samiti Maryadit Tivraiya, Tehsil Berla District Bemetara Chhattisgarh, Chhattisgarh 8 - Jai Bajran Khadya Suraksha Poshan Avam Upbhokta Sewa Sahakari Samiti Maryadit Raveli, Tahsil Berla District Bemetara Chhattisgarh 9 - Maa Gayatri Khadya Suraksha Poshan Avam Upbhokta Sewa Sahakari Samiti Maryadit Kurud, Tahsil Berla District Bemetara Chhattisgarh ---- Respondents Digitally signed by REKHA SINGH -2- For Petitioner : Ms. Sharmila Singhai, Senior Advocate along with Ms. Shiwali Bansal, Advocate For State : Mr. Lav Sharma, PL For respondents No.6 to 9 : Mr. Amit Kumar Sahu, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21.02.2025 1. This petition is filed against the order dated 25.09.2020 issued by the Sub-Divisional Officer (Revenue) Berla, District Bemetara whereby the Fair Price shop allotted to the petitioner group was to be allotted to another group. The order was issued according to the provisions of the Chhattisgarh Public Distribution System (Control) Order, 2016 (for short ‘the Order, 2016’). The order issued by the Sub-Divisional Officer (Revenue) is appealable according to provision of Clause 18 of the Order, 2016. 2. At this stage, learned counsel appearing for the petitioner would submit that the present petition may be disposed of reserving liberty in favour of the petitioner to prefer an appeal before the Appellate Authority according to provisions of Circular issued by the State Government dated 22.06.2020. 3. Taking into consideration the above-stated facts, the present petition is disposed of reserving liberty in favour of the petitioner to prefer an appeal before the Appellate Authority. If such an appeal is preferred, the authority concerned is directed to decide the same according to provisions of the Circular issued by the State 3 Government dated 22.06.2020 keeping in mind that the matter remained pending before this Court for a considerable period. 4. With the aforesaid observation(s)/direction(s), the present petition is disposed of. SD/- (Rakesh Mohan Pandey) Judge Rekha