1 / 3 2025:CGHC:32712 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3625 of 2025 Maa Ambe Mahila Kalyan Samiti Dharamjaigarh, Registered Office at CMPDI Colony, Ward No. 8 Santosh Nagar, Nagar Panchayat-Dharamjaigarh, Tehsil- Udaypur (Dharamjaigarh), District- Raigarh (C.G.), Through Bhagwan Singh S/o K.P. Singh, Aged About 39 Years, President of the Society, Allotted Shop Balpeda, Gram Panchayat - Jabga, Tehsil - Udaypur (Dharamjaigarh), District- Raigarh (C.G.) ID No- 412009127 ... Petitioner versus 1 - State of Chhattisgarh Through - Collector (Food Branch) Raigarh, District- Raigarh (C.G.) 2 - Sub Division Officer (Revenue) Dharamjaigarh, District- Raigarh (C.G.) 3 - Village Panchayat Jabga Through - Sarpanch, Gram Panchayat, Tehsil - Udaypur (Dharamjaigarh), District- Raigarh (C.G.) ... Respondents For Petitioner : Mr. Avinash K. Mishra, Advocate For State : Mr. Rishab Bisen, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 14/07/2025 1. The instant petition has been filed against the order dated 31/05/2025 issued by the Respondent No.2 and terminated the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.15 14:33:38 +0530 2 / 3 allotment of fair price shop of Balpeda, Gram Panchayat-Jabga, Tehsil Udaypur (Dharamjaigarh), ID No.412009127 with immediate effect without any justification and without being application of mind. 2. Learned counsel for the petitioner would contend that the petitioner is the registered society having Registration No.122202177351 as Maa Ambe Mahila Kalyan Samiti, Dharamjaigarh. On 16/05/2025 an FIR bearing No.141/2025 has been lodged against the Fair Price Shop of Village-Jabga ID No.-412009048 in Police Station Dharamjaigarh. He would next contend that the Respondent No.2 has terminated the fair price shop ID No-412009127 at Balpeda, Gram Pancahyat-Jabga, Tehsil Udaypur. He would next contend that the action of Respondent is biased as in the present case without any cause or inquiry/inspection the allotted fair price shop is terminated and without following the principles of natural justice as no opportunity of hearing has been provided to the petitioner, therefore, the impugned order deserves to be set aside. 3. Per contra, learned State counsel opposes the submissions made by learned counsel for the petitioner and would submit that the impugned order is well merited which do not call for any interference by this Court. 4. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 3 / 3 5. Perusal of the record reveals that before cancellation of Fair Price Shop at Balpeda, the concerned authority has not given any opportunity of hearing to the petitioner, no show-cause notice has been issued to the concerned authority to the petitioner nor any reply was asked by the respondent authorities and even no enquiry was made by the respondent authorities with regard to the irregularities found in the shop and only on the basis of the FIR No.141/2025 lodged against the Fair Price Shop of Village Jabga, the Respondent No.2 has terminated the Fair Price Shop. 6. Therefore, looking to the facts & circumstances of the case, it is crystal clear that Respondent No.2 has passed the order, which is against the principles of natural justice. Accordingly, the impugned order dated 31/05/2025 is set aside and the matter is remanded back to the SDO (Revenue), Dharamjaigarh to decide the case afresh after giving proper opportunity of hearing to the petitioner and thereafter shall pass afresh order in accordance with law. 7. It is made clear that this Court has not expressed any opinion on the merits of the case and the authorities shall be at liberty to decide the case on its own merits. 8. With the aforesaid observation, the writ petition stands disposed of. SD/- (Arvind Kumar Verma) JUDGE ashu