PRATHAMIK KRISHI SAKHA SAHAKARI v. STATE OF CHHATTISGARH
WPC/4203/2021 · 2025-06-17
Shri Rakesh Mohan Pandey
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31887 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31887 (CHH) · dailylaw.ai ]
Judgment text
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1
2025:CGHC:25316 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4203 of 2021 1 - Prathamik Krishi Sakha Sahakari Society Maryadit Kumhari, Through Its Manager, Rameshwar Prasad Verma, S/o Gendram Verma, Aged About 46 Years, Tahsil Kasdol, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 2 - Sahakari Society Maryadit Katgi, Through Its Manager, Rammurty Yadav, S/o Babulal Yadav, Aged About 39 Years, Tahsil Kasdol, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar- Bhathapara, Chhattisgarh 3 - Prathamik Krishi Sakha Sahakari Society Maryadit Chhadchhed, Through Its Computer Operator, Manohar Lal Kaiwartya, S/o Manrakhan, Aged About 32 Years, Tahsil Kasdol, District Baloda Bazar Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh. ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food, Supply And Consumer Protection, Mahanadi Bhawan, Atal Nagar, Mantralaya, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Director Of Food, Civil Supply And Consumer Protection, Block-2, 3rd Floor Indravati Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Collector (Food) Collectorate Office, District Baloda Bazar Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh 4 - The Commissioner Civil Supplies And Consumer Protection Department, Directorate Civil Supply And Consumer Protection Block 2, SMT NIRMALA RAO
-2- 3rd Floor, Indravati Bhawan, Mantralaya Atal Nagar, District Baloda Bazar Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh 5 - Food Controller Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh 6 - The Sub Divisional Officer, Kasdol, District Baloda Bazar Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh. ---- Respondents For Petitioner : Shri Santosh Kumar Sahu, Advocate. For Respondent/State : Shri Shubham Bajpayee, P.L. Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 18.06.2025
1. The petitioner has challenged the memo dated 11.8.2021, whereby an advertisement was issued by the Sub-Divisional Officer (Revenue), Kasdol for allotment of government fair price shops at Gram Panchayats Katgi, Khaparidih and Charched.
2.
Learned counsel for the petitioner would submit that the petitioner’s self-help group is currently running fair price shops at Gram Panchayats Katgi, Khaparidih and Charched, therefore, there was no occasion for the Sub-Divisional Officer (Revenue) to issue an advertisement for allotment of government fair price shops in those villages.
3. On the other hand, learned counsel for the State would oppose the
submissions made by counsel for the petitioner. He would submit
3 that there is no order affecting the rights of the petitioner vide memo dated 11.8.2021. He would further submit that the Sub- Divisional Officer (Revenue) issued a memo for the allotment of government fair price shops, and it is nowhere stated that the fair price shops run by the petitioner group would be closed. Therefore, in the absence of a cause of action, the petition deserves to be dismissed.
4. I have heard learned counsel for the parties and perused the documents present on the record.
5. Perusal of Annexure-P/1 dated 11.8.2021 would make it clear that the Sub-Divisional Officer (Revenue) has issued an advertisement for allotment of government fair price shops, but no decision has been taken to close existing fair price shops, thus, no cause of action has arisen to challenge the impugned memo. Consequently, this petition fails and is hereby dismissed. However, the petitioner would be at liberty to revive its prayer if a fresh cause of action arises in future.
6. Interim order granted earlier is hereby vacated. Sd/-
(Rakesh Mohan Pandey)
Judge Nimmi