1 / 5 2025:CGHC:37158 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3986 of 2025 Government Fair Price Shop Kauhakunda (I.D. No. 411001094) Run By Pushpanjanli Woman Self Help Group, Raigarh Through Its Secretary Smt. Sapna Sidar W/o Shri Kartikeshwar Sidar, Aged About 41 Years, R/o House No. 30, Ward No. 27, Near Pahad Mandir, Kauhakunda, Raigarh, Tah And Distt. Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Food And Civil Supply Department, Mantralay, Mahanadi Bhavan, Atal Nagar, New Raipur, Distt. Raipur (C.G.) 2 - The Collector (Food Branch) Raigarh Distt. Raigarh (C.G.) 3 - The Sub Divisional Officer (Revenue) Raigarh, Distt. Raigarh (C.G.) 4 - The Food Officer Raigarh, Distt. Ragarh (C.G.) 5 - The Food Inspector Raigarh Distt. Raigarh (C.G.) 6 - Bahuudeshiya Upbhogta Bhandar Sanchalan Agency Id No. 412001038, Through Its President, Kauhakunda, Raigarh, Distt. Sarangarh-Bilaigarh ---- Respondents For Petitioner : Mr. Manoj Kumar Sinha, Advocate VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.30 16:58:43 +0530 2 / 5 For State : Ms. Akanksha Verma, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 30/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1 That the Hon'ble Court be pleased to call for the entire records of the petitioner's case. 10.2 That the Hon'ble court be further pleased to quash the impugned order dated 28.04.2025 (Ann.P/1) passed by the Respondent No.4 for non compliance of the Rules 16(3) of CG Publie Distribution System (Control) Order 2016. 10.3 That the Hon'ble court be further pleased to direct the Respondent No.4 to grant proper opportunity to opportunity of being heard to the petitioner and passed afresh order in according with law. 10.4 Any other order that the Hon'ble Court deems fit and necessary in the circumstances of the case be also passed. 10.5 That the cost of the petition be also awarded to the petitioner.” 2. Counsel for the petitioner contended that this petition is directed against order dated 28.04.2025 (ANNEXURE P/1) passed by the 3 / 5 respondent No.4 Food officer Raigargh whereby the allotment of Govt. Fair Price Shop Kauhamunda (I.D. No.411001094), 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 on 07.03.2025 (Annexure-P/3) and the reply to the same was filed on 10.03.2025 (Annexure-P/4), but since the reply to the show-cause notice was not found satisfactory, therefore, the decision of suspending the Fair Price Shop was taken by respondent No.4. She would further submit that there were serious allegations with regard to irregularities in operating the Fair Price Shop. He would next submit that the 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 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 4 / 5 ‘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. Therefore, it is crystal clear from the 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 5 / 5 price shop. In the present case, on the basis of notice issued by the SDO (R) and reply filed by the petitioner and on the basis of report of Food Officer, the petitioner’s fair price shop has been suspended and enquiry is still pending before the competent authority. 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, Respondent No.4 is directed to conduct enquiry and decide the same as per provisions of Section 16(3) of the Chhattisgarh Public Distribution System (Control) Order 2016. 7. With the aforesaid observation and direction, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant