1 2025:CGHC:39944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3764 of 2025 Jai Ma Vaishnav Devi Mahila Swa-Sahayata Samuh Through Its President Anita Jain W/o Mahendra Jain Aged About 53 Years, R/o Pragati Nagar, Jalebi Chowk, Ward No. 21, Camp 01, Supela Bhilai Durg, District Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur (C.G.) 2 - The Collector, Food Department Durg, District Durg (C.G.) 3 - The Food Inspector Durg, District Durg (C.G.) 4 - Sumit Mahila Swa-Sahayata Samuh Through Its President Shilpi Devi Sao I.D. No. 431004215, Camp 2, Ravidas Nagar, Bhilai Power House, District Durg (C.G.) ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. Rahil Arun Kochar, Advocate. For Respondent-State : Mr. Rishab Bisen, PL. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 08.08.2025 1. This writ petition has been filed under Article 226 of the Constitution of India with following reliefs: 2 “10.1 That, Hon'ble High Court may kindly be pleased to quash the allotment of fair price shop in favour of respondent no.4 with I.D. No. 431004215 in the interest of justice. 10.2 That, this Hon'ble Court may kindly be please be kind enough to issue writ in the nature of mandamus direct the respondent authority to allow petitioner to run fair price shop in favour petitioner. 2. Learned counsel for the petitioner contended that this petition is directed against order dated 25.06.2025 passed by the respondent- authority, whereby the allotment of Govt. Fair Price Shop of petitioner bearing (I.D. No.431004056), has been suspended without complying the provision of Rules 16(3) of Chhattisgarh Public Distribution System (Control) Order 2016. The opportunity of being heard and making defence, has not been provided to the petitioner and the allotment of Govt. Fair Price Shop, has been suspended, which is illegal and against the law. 3. On the other hand, State counsel would submit that a show cause notice was issued to the petitioner vide Annexure-P/3 and the reply to the same was filed vide Annexure-P/4, but since the reply to the show-cause notice was not found satisfactory, therefore, decision of suspending the Fair Price Shop was taken by the respondent- authority. He would further submit that there were serious allegations with regard to irregularities in operating the Fair Price Shop. Order impugned has been passed according to the provisions contained in Rule 16(3) of the Order, 2016. 4. Heard learned counsel for the parties and perused the documents 3 available on record. 5. The State of Chhattisgarh has framed the Order, 2016 in the exercise of power under Section 3 of the Essential Commodities Act, 1955 and the Chhattisgarh Food and Nutritional Security Act, 2012 named as ‘Chhattisgarh Public Distribution System (Control) Order 2016’. Order 16 speaks about Penalty. The relevant part reads as under: "Penalty :- (1) If shopkeeper contravenes any provision of agreement, his shop shall be liable for suspension or cancellation by authorized officer for allotment of Fair Price shop. (2) During inspection of shop, if any irregularity found then without prejudice to any action the whole of part of amount deposited by by shopkeeper s as security, shall be forfeited in favour of eve State. (3) Before cancellation of authority letter of Fair Price Shop or forfeiture of whole or part of security. Food Controller or Food Officer of district, Sub Divisional of hearing Officer of sub division shall issue show cause notice and after giving him appropriate opportunity of decision shall made. This action shall be completed within a a month from issuance of show cause notice." 6. It is crystal clear from the above provision that if shopkeeper contravenes any provision of agreement, the shop shall be liable for suspension or cancellation by authorized Officer for allotment of fair price shop. 4 7. In the present case, on the basis of show-cause-notice and the reply filed by the petitioner as also on the basis of report of Food Officer, the petitioner’s fair price shop has been suspended. 8. It is pertinent to mention here that before cancellation of authority letter of price shop or forfeiture of whole or part of security, Food Controller or Food Officer of the district or SDO of sub-division shall issue show-cause-notice to the petitioner and after giving him appropriate opportunity of hearing, passed the final order and this action shall be completed within ‘one month’ from the date of receipt of copy of this order. Therefore, concerned respondent- authority is directed to conduct an enquiry and decide the same as per provision of Section 16(3) of the Chhattisgarh Public Distribution System (Control) Order 2016. 9. With the aforesaid observation and direction, the instant petition is disposed of. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-