1 2025:CGHC:41838 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 230 of 2025 1 - State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan Mantralaya New - Raipur Distt- Raipur (C.G.) 2 - The Collector (Food Department), Bilaspur District - Bilaspur (C.G.) 3 - The Sub Divisional Officer (Revenue) Takhatpur, District - Bilaspur (C.G.) 4 - The Food Inspector Takhatpur, Tahsil Sakari District - Bilaspur (C.G.) ... Petitioner(s) versus 1 - Jai Ranjeet Mata Women Self Help Group-Ganiyari Through President Smt. Kamin Suryavanshi W/o Bhim Kumar Suryavanshi Aged About- 40 Years, President Of Jai Ranjeet Mata Women Self SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.08.20 14:33:20 +0530 2 Help Group - Ganiyari R/o Village- Ganiyari, Tahsil- Sakari, Distt- Bilaspur (C.G.) 2 - President Of Jai Ma Santoshi Women Self Help Group, Bhanda/ Operator Of Fair Price Shop - Bhanda Tahsil Sakari District - Bilaspur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri U.K.S. Chandel, Dy. Advocate General For Respondent(s) : Shri A.N. Pandey, Advocate. Hon’ble Mr. Bibhu Datta Guru, Judge Order on Board 19/08/2025 1. A review petition has been filed by the State for recalling the order dated 31/1/2025 passed by this Court in WPC No.658 of 2025 on the submission that writ petition has been decided at motion stage on the basis of the statement made by the learned counsel appearing for the writ petitioner that at the time of issuance of impugned Order (Annexure P/1) the provision prescribed under Order 16(3) of the Chhattisgarh Public Distribution System (Control) Order 2016 (for brevity, “the Order, 2016”) has not been followed and the fair price shop allotted to the writ petitioner was cancelled, whereas 3 show cause notice has been issued to the writ petitioner vide (Annexure -A/2) on 06.11.2024 and the show cause notice issued to the petitioner has been replied by the writ petitioner dated 12.11.2024 annexed in page No. 15 and subsequently an opportunity of cross-examination was also afforded to the writ petitioner vide memo dated 13.11.2024 and on 19.11.2024, the petitioner was heard and the opportunity of cross-examination was also provided to the writ petitioner. Thereafter the order dated 27.11.2024 has been passed by which the SDO who has cancelled the fair price shop allotted to the writ petitioner/non-applicant no. 1. 2. Learned counsel appearing for non-applicant No. 1, Mr. Pandey, without controverting the submission made by the State counsel submits that though show cause notice was replied by the writ petitioner, but the provision of Order 16(3) of the Order 2016 has not been complied with in its true perspective. 3. I have heard both the parties and perused the pleadings made by the State in the review petition particularly (Annexure A/2) i.e. the show cause dated 06.11.2024 and the reply of the 4 petitioner dated 12.11.2024 and the issuance of memo for cross-examination of the writ petitioner dated 19.11.2024. 4. It appears from the pleadings made by the State that the order dated 27.11.2024 has been passed by the SDO (R) cancelling the fair price shop of the petitioner after following the provision enumerated under the Order 16(3) of the Order 2016. The provision of the Order 16(3) has been complied with by the issuance of show cause notice and only after considering the reply to the show cause notice and after providing the opportunity of cross-examination and after hearing of the writ petitioner, the order dated 27.11.2024 has been passed by the SDO (R), hence the State, at the time of hearing of the writ petition i.e. WPC No. 658/2025 at motion stage was not able to controvert the contention made by the petitioner. The State by filing the present review petition has submitted sufficient documents showing that before issuance of cancellation order of Fair Price Shop of the petitioner, the procedure prescribed under Order 16(3) of the Order 2016 has been followed. 5. In view of the above, the review petition filed by the State is allowed and the order passed in WPC No. 658/2025 dated 5 31.01.2025 is recalled and consequently, the writ petition filed by the writ petitioner bearing WPC No.658 of 2025 is hereby dismissed. However, the writ petitioner is at liberty to avail remedy of appeal before the appropriate forum as may be available to him under the provisions of law. 6. As a sequel, the Review petition is allowed. Sd/- (Bibhu Datta Guru) Judge Shoaib