JAI BAJRANG KHAADY SURAKSHA POSHAN AND UPBHOKTA SEWA SAHKARI SAMITI MARYADIT - GATAPAR v. PINKI MANHAR
CONT/1027/2025 · 2025-07-10
Shri Ravindra Kumar Agrawal
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 32389 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32389 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:32450
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1027 of 2025 1 - Jai Bajrang Khaady Suraksha Poshan And Upbhokta Sewa Sahkari Samiti Maryadit - Gatapar Through President Gamman Singh Rajput S/o Niranjan Singh Aged About 49 Years, President Of Jai Bajrang Khaady Suraksha Poshan And Upbhokta Sewa Sahkari Samiti Maryadit - Gatapar R/o Village - Gatapar, P.S. - Parpodi, Block - Saja, Tahsil - Devkar, Distt - Bemetara Chhattisgarh
... Petitioner(s) versus 1 - Pinki Manhar Working On The Post Of Sub Divisional Officer (Revenue) Saja District - Bemetara, (C.G.) (Contemnors) 2 - Amit Tiwari Working On The Post Food Inspector Saja District - Bemetara (C.G.)
... Respondent(s) For Petitioner(s) : Mr. A. N. Pandey, Advocate.
Hon'ble Shri Justice Ravindra Kumar Agrawal, J.
Order on Board 11/07/2025
1. The petitioner has filed the present contempt petition for willful violation of the
order dated 12.12.2024 passed by Coordinate Bench of this Court in WPC No. 6090/2024 whereby, the following interim order has been passed in the said writ petition:
“In the meantime, purely as an interim measure, it is directed that effect and operation of impugned order dated 23.09.2024 (Annexure- ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.07.15 20:06:02 +0530
2 P/1) passed by Sub Divisional Officer (Revenue), Saja, District, Bemetara/respondent No. 3, shall remain stayed till the next date of hearing.”
2.
Learned counsel for the petitioner would submit that the petitioner was allotted Fair Price Shop at village Godmarra having ID No. 432010073 by the
order dated 19.06.2024 the said Fair Price Shop was terminated by the Sub Divisional Officer (Revenue) Saja District Bemetara while invoking the Clause 16 of the Chhattisgarh Public Distribution System (Control) Order, 2016. The said order dated 19.06.2024 was challenged by the petitioner in WPC No. 3385/2024 and the said writ petition was allowed vide order dated 11.07.2024 and the impugned termination order of the Fair Price Shop was set aside and the respondents were given liberty to initiate fresh proceedings after issuing fresh show cause notice to the petitioner if so desires and to take decision in accordance with law following the principles of natural justice and providing opportunity of hearing to the petitioner. 3. Thereafter vide order dated 23.09.2024 the said Fair Price Shop of village Godmarra was allotted to Shri Shivay Women Self Help Group, District Bemetara by the SDO (Revenue) Saja. The said order dated 23.09.2024 was again challenged by the petitioner in WPC No. 6090/2024 before this Court and vide order dated 12.12.2024 the Coordinate Bench by this Court has stayed the effect and operation of the order dated 23.09.2024 passed by SDO (Revenue) Saja. Learned counsel for the petitioner would submit that despite the order of stay, in favour of the petitioner the respondent authorities are not giving the charge of the said Fair Price Shop of village Godmarra despite repeated request made to the authorities. The representation of the petitioner has not been considered and thereby the respondent authorities, by not giving the charge of the said Fair Price Shop of village Godmarra, committing contempt of the order dated 12.12.2024 passed by the coordinate
3 bench of this Court. 4. I have heard learned counsel of for the petitioner and perused the material annexed with the petition. 5. From perusal of the order dated 11.07.2024 passed in WPC No. 3385/2024 the order dated 19.06.2024 was set aside and the authorities concerned were directed to initiate fresh proceedings after issuing fresh show cause notice to the petitioner, if he so desires and to take decision strictly in accordance with law following the principles of natural justice and after providing proper opportunity of hearing. Thereafter, vide order dated 23.09.2024 the said Fair Price Shop of village Godmarra was allotted to the Shri Shivay Women Self Help Group, Godmarra.
Though the effect and operation of the said order dated 23.09.2024 is stayed by the Coordinate Bench of this Court on 12.12.2024 but there is no direction to permit the petitioner to continue with the shop in question or the subject shop should be handed over to the petitioner. Vide order dated 11.07.2024 passed in WPC No. 3385/2024 respondent authorities were given opportunity to initiate fresh proceedings for taking fresh decision in accordance with law meaning thereby the subject shop was not specifically restored in favour of the petitioner and further after considering the subject Fair Price Shop of village Godmarra was allotted to Shri Shivay Women Self Help Group, Godmarra. There is no specific order in favour of the petitioner they are entitled to hold the subject Fair Price Shop which is violating by the respondents wilfully. 6. From perusal of the entire material annexed with the petition, I do not find any willful violation of the order under contempt. 7. Accordingly, at this stage the present contempt petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Alok