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2025 DAILYLAW 33489 (CHH)

AMRIT MAHILA SWAYAM SAHAYATA SAMUH v. STATE OF CHHATTISGARH

WPC/3627/2025 · 2025-07-13

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 3 2025:CGHC:32531 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3627 of 2025 Amrit Mahila Swayam Sahayata Samuh Through The Secretary, Smt. Sakunti W/o Shri Manoj Singh Aged About 35 Years R/o Village Pachawal Block Ramchandrapur District - Balrampur - Ramanujganj (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Food, Civil Supply And Consumer Protection Mantralaya Mahanadi Bhawan Naya Raipur, Post Office Rakhi District- Raipur (C.G.) 2 - The Collector Balrampur, District - Balrampur - Ramanujganj (C.G.) 3 - Sub Divisional Officer (Revenue) Ramanujganj District - Balrampur - Ramanujganj (C.G.) 4 - Assistant Food Inspector Ramanujganj District - Balrampur - Ramanujganj (C.G.) 5 - Government Fair Price Shop Trishuli Through Its President Village Trishuli Block Ramchandrapur, District - Balrampur - Ramanujganj (C.G.) ... Respondents For Petitioner : Mr. Rahul Mishra, Advocate For State : Mr. Satish Gupta, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 14/07/2025 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.15 14:37:53 +0530 2 / 3 1. The instant petition has been filed against the order dated 29/05/2025 passed by Respondent No.3, whereby without giving opportunity of hearing and without conducting regular enquiry the allotment of Fair Price Shop of the petitioner has been cancelled. 2. The brief facts of the case are that the petitioner self-help group was allotted a fair price shop in the year 2022 and thereafter the petitioner was running the fair price shop continuously without any complaint but on the basis of a complaint the Respondent No.4 conducted enquiry behind the back of the petitioner and submitted enquiry report to the Respondent No.3 stating that during the physical verification the Respondent No.4 found that the Fair Price Shop of the petitioner is not found to be painted in tri-colour and the toll free number and the mobile number of Vigilance Committee are not shown on the notice board of the fair price shop. 3. Learned counsel for the petitioner would submit that without considering the reply of the petitioner and without conducting enquiry, the respondent No.3 has passed the impugned order, he would therefore, submit that the impugned order may be set aside. 4. Per contra, learned State counsel opposes the submissions made by learned counsel for the petitioner. 5. I have heard learned counsel for the parties and perused the documents. 6. This is the second round of litigation. Earlier the petitioner has 3 / 3 preferred a writ petition bearing WPC No.4900 of 2024 which was allowed by this Court by order dated 17/01/2025, wherein also repondents were granted liberty to proceed against the petitioner society, by providing sufficient opportunity of hearing and notice to the petitioner. 7. From perusal of the documents it is apparent that the proper opportunity of hearing as envisaged in the C.G. Public Distribution Scheme has not been granted to the petitioner. Accordingly, the impugned order dated 29/05/2025 Annexure P/1 is set aside and the matter is remanded back to the Sub Divisional Officer (Revenue) and the petitioner is directed to appear before the SDO and thereafter, the SDO shall pass the afresh order in accordance with law after giving proper opportunity of hearing to the petitioner in terms of Clause 16 sub-clause (3) of the Chhattisgarh Public Distribution System. 8. Accordingly, the instant petition stands allowed to the extent indicated above. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu