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2025 DAILYLAW 31329 (CHH)

SHUSHMA PRATHMIK SAHKARI UPBHOKTA BHANDAR v. STATE OF CHHATTISGARH

WPC/3421/2025 · 2025-07-07

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:31208 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3421 of 2025 1 - Shushma Prathmik Sahkari Upbhokta Bhandar Sarkanda Bilaspur District- Bilaspur (C.G.) (Registration No. 3581 I.D. No. 1079) Through Its President Ajay Mishra, Son Of Ramnath Mishra, Aged About 57 Years, R/o Sarkanda Muktidham Chowk, Bilaspur Tahsil And District- Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Food Nagrik Aapurty And Upbhokta Sanrakshan, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2-Collector Bilaspur District- Bilaspur Chhattisgarh. 3 - Sub Divisional Officer Revenue (Bilaspur) District- Bilaspur, Chhattisgarh. 4-Branch Manager Zila Sahkari Kendriya Bank Maryadit Branch Sarkanda, District- Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner : Ms. Uma Tiwari, Advocate For State : Ms. Nupur Trivedi, Panel Lawyer For Respondent no. 4 : Mr. Aniruddha Shrivastava, Advocate appears on behalf of Mr. Shaleen Singh Baghel, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 08.07.2025 1. By way of this petition, the petitioner is seeking the following reliefs:- a. That, the Hon’ble Court may kindly be pleased to direct the respondent authorities to consider pending representation and to release the withholding commission amount and other amount of distribution of material of fair price shop at the earliest with 18% interest, in the interest of justice. b. Any other relief which may be suitable in the facts and 2 circumstances of the case, may also be granted. 2. Learned counsel for the petitioner submits that the respondent authorities have unnecessarily with holding the amount of the distributed material of the fair price shop at Naya Sarkanda, Muktidham Chowk, Bilaspur District Bilaspur Chhattisgarh and has not released the amount since 10-15 years till date. She submits that the respondent authorities have illegally demanded commission for distribution of material of fair price shop from the petitioner’s society, but the petitioner has refused to give that demanded money to him, thereby the respondent authorities have deliberately hold the amount without any fault on the part of the petitioner’s society which is against the law. 3. She further submitted that the respondent authorities have only issued letter with regard to releasing withhold amount of distribution of the material of fair price shop of the petitioner’s society, but not released the same till date. Petitioner has made so many representation and requested several times to release the distribution of material of fair price shop, but the respondent authorities have unnecessarily withhold the amount without any sufficient reason and without any fault on the part of the petitioner, which is against the law. 4. On the other hand learned counsel for State opposes the relief sought by the learned counsel for the petitioner. 5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. Considering the aspects of the present petition, this Court directs the Respondent no. 2/Collector, Bilaspur District-Bilaspur, Chhattisgarh to decide the representation (Annexure P-1) submitted by the Petitioner with regard to release of withholding commission amount and other amount of distribution of material of the fair price shop. 7. It is made clear that this Court has not opined anything on merits, Respondent no. 2 is at liberty to decide the representation made 3 by the petitioner in accordance with law and pass appropriate order as per rules/regulations. 8. Accordingly, with the aforesaid direction, the present petition stands disposed of. Certified copies as per rules. sd/- (Arvind Kumar Verma) JUDGE alfiza