Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:32233
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2817 of 2020 1 - Smt. Anjali Soni W/o Shri Ajay Soni Aged About 32 Years Secretary Of Ma Shakti Women Self Help Group Jaipur Biniya / Operator Of Govt.Fair Price Shop, Village- Biniya Block And Tahsil- Lakhanpur, District Suraguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh
... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawn New Raipur District Raipur, Chhattisgarh,
District
:
Raipur,
Chhattisgarh 2 - The Collector (Food Department) Surguja, District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 3 - The Sub Divisional Officer (Revenue) Udaipur, District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 4 - The Food Inspector Lakhanpur District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh
... Respondents For Petitioner : Ms. Akanksha Vishwakarma, Advocate holding the brief of Shri A.N. Pandey, Advocate For Respondent/ State : Mr. Lav Sharma, P.L. SMT NIRMALA RAO
2 Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board 11/07/2025
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 30.9.2020 ANNEXURE P/1 issued by the respondent no. 3 and impugned advertisement
order dated 30.9.2020 ANNEXURE P/2 issued by 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- Biniya, Block Lakhanpur, Distt- Surguja (C.G.) as per allotment order dated
30.03.2015. 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 30.09.2020 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
3 the concerned Collector within a period of 30 days from today 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 26.11.2020, it shall continue for said period. Sd/-
(Rakesh Mohan Pandey)
Judge Nimmi