1 2025:CGHC:29322 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(C) No. 3321 of 2025 Shiv Bhandar Khadya Suraksha Poshan Evam Upbhokta Sewa Sahakari Samiti, Maryadit Through Its President Anita Nirmalkar, Aged About 52 Years, W/o Kuber Narayan Nirmalkar, R/o Near Radhakrishna Mandir Daldal Seoni, Raipur, District Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh. 2 - The Collector, Raipur District Raipur, Chhattisgarh. 3 - Food Controller Raipur District Raipur, Chhattisgarh. 4 - The Registrar Co-Operative Societies Raipur, Chhattisgarh. 5 - Mahakal Khadya Suraksha Poshan Evam Upbhokta Sewa Sahakari Samiti Daldal Seoni, Raipur, Chhattisgarh. I.D. No. 441001254 ---- Respondents For Petitioner : Mr. P.R. Patankar, Advocate For State : Ms. Akanksha Verma Dabhadker, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 2 01/07/2025 Heard. 1. This writ petition has been filed by the petitioner on the following relief(s) : “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records relation to passing of impugned order dated 17.06.25 passed by the Food Controller, Raipur (C.G.). 10.2 That, this Hon'ble Court may kindly be pleased to set aside the /quash the impugned order dated 17.06.25 passed by the Food Controller, Raipur and the petitioner be allowed to run the fair price shop bearing ID No.441001059 as per order dated 13.05.25. 10.3 Cost of the petition be allowed. 10.4 Any other relief, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case be granted” 2. Learned counsel for the petitioner contended that the impugned order dated 17.06.2025 passed by the Food Controller, Raipur is contrary to the law, facts and circumstances of the present case. He further contended that just before a month of the passing of the impugned 3 order ie. on 13.05.25 Ekta Prathamik Sahakari Upbhokta Bhandar bearing ID No.441001059 was attached to the petitioner society and the petitioner was allowed to run the same by opening a separate fair price shop for distribution of the food grains and the petitioner had taken a shop on rent for running fair price shop has appointed two persons for weighing and maintaining the register for distribution of the food grains and has invested a huge amount for the same and suddenly after one month i.e. on 17.06.25 the impugned order has been passed by the Food Controller without assigning any reason as to why the said shop has been detached from the petitioner society and has been attached to Jai Mahakal Khadya Suraksha Poshan Upbhokta Sewa Sahakari Samiti bearing ID No.441001254. He further contended that there is no complaint or violation of any provisions of the Essential Commodities Act or the Control Order 2016 yet the fair price shop has been detached from the petitioner society and has been attached to Jai Mahakal Sewa Sahakari Samiti. He further contended that the Food Controller before passing the impugned order dated 17.06.25 has not issued any show cause notice and has not given any opportunity of hearing before passing of the impugned order as such the same has been passed in gross violation of principles of natural justice and fair play. The petitioner is still running the fair price shop bearing ID No.441001059 in the premises which the petitioner society has taken on rent one month back and has not handed over the same. If the impugned order is allowed to stand the petitioner society would 4 suffer an irreparable loss of substantial magnitude. Therefore, it is prayed that the impugned order dated 17.06.2025 passed by the Food Controller, Raipur may be set aside and the petitioner be allowed to run the fair price shop bearing ID No.441001059 as per order dated 13.05.2025. 3. Learned counsel for the respective respondents oppose the submission made by the petitioner. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Taking into consideration the fact that the relief which has been sought by the petitioner cannot be granted in exercise of writ jurisdiction and the petitioner has no locus to challenge the impugned order dated 17.06.2025 passed by the Food Controller, Raipur and the petitioner be allowed to run the fair price shop bearing ID No.441001059 as per order dated 13.05.2025, in view of the considered opinion of this Court, no case is made out for any interference. 6. Accordingly, the petition being devoid of any merit is liable to be and is hereby dismissed. Sd/- (Arvind Kumar Verma) Judge Vasant