1 / 5 2025:CGHC:36836 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3971 of 2025 Nirjala Mahila Swa - Sahayata Samooh Piparbhatta Shop, I.D. 432009015, Through - Its President Smt. Mongra Bai, Wife Of Sanat Kumar Markande, Aged About 45 Years, R/o Village Piparbhatta, Police Station Bemetara, Tehsil Bemetara, District Bemetara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supplies, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 2 - Special Secretary Food, Civil Supplies And Consumer Protection Department Mahanadi Bhawan, Atal Nagar, District Raipur (C.G.) 3 - Collector, Bemetara, District Bemetara (C.G.) 4 - Sub-Divisional Officer (Revenue) Bemetara, District Bemetara (C.G.) 5 - Food Officer, Bemetara, District Bemetara (C.G.) ---- Respondents For Petitioner : Mr. Punit Ruparel, Advocate For State/Respondents : Ms. Upasana Mehta, Dy. GA 2 / 5 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 29/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1 That the Hon'ble Court may kindly be pleased to quash/set-aside the impugned order of suspension dated 26.05.2025 (Annexure P-6) and show cause notice dated 30.05.2025 (Annexure P-7) issued by respondent No. 4. 10.2 That the Hon'ble Court may kindly be pleased to direct the respondent authorities to made correction in stock shown in online portal after conduct of physical verification of the entire records and match the same with the entries available in online portal. 10.3 That the Hon'ble Court may kindly be pleased to pass the similar relief as passed in WPC No. 2135/2023, WPC No. 2146/2023, WPC No. 2155/2023, WPC No. 2166/2023 & WPC No. 1319/2024 (as annexed above). 10.4 That the Hon'ble Court may kindly be pleased to call the record pertaining to the case of petitioner. 10.5 Any other relief, which may deem fit, in the interest of justice.” 2. Counsel for the petitioner contended that the petitioner by way of the instant petition challenging the order dated 26.05.2025 and the show cause notice dated 30.05.2025 issued by Sub-Divisional Officer 3 / 5 (Revenue), Bemetara, District Bemetara (C.G.) whereas the respondent no. 4 without making proper inspection of online portal and spot stocks of the petitioner fair price shop passed the order impugned, the petitioner fair price shop is suspended on 26.05.2025 whereas on 30.05.2025 issued show cause notice to the petitioner which is replied by her, still suspended the fair price shop of the petitioner whereas it is observation has that the petitioner has deposited the amount of April 2025 sum of Rs. 23,679/- though it has been deposited by the petitioner on 04.06.2025. Hence, this petition. 3. Per contra, learned State counsel opposes the submission made by learned counsel for the petitioner and would submit that before the license was suspended a show-cause notice was issued to the petitioner and the petitioner has also submitted the reply which was not found satisfactory by the concerned authority. 4. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 5. The State of Chhattisgarh has framed the Order, 2016 in 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 is read as under : 4 / 5 "16. Penalty- (1) If shopkeeper contravenes any provision of agreement, then he shall be liable for suspension or cancellation by the officer authorized for allotment of Fair Price shop. The time limit for redressal of such cases shall not exceed three months. (2) During inspection of the shop, if any irregularity is found, then without prejudice to any action the whole or part of amount deposited by shopkeeper as security, shall be forfeited in favour of the 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 or Sub- Divisional Officer of sub- division shall issue show cause notice to Fair Price Shopkeeper and after giving an appropriate opportunity of being heard shall decide within a period of a month from issuance of show cause notice." 6. On bare perusal of the aforesaid Clause, it is crystal clear that if shopkeeper contravenes any provision of agreement, then he shall be liable for suspension or cancellation by the officer authorized for allotment of Fair Price shop. In the present case, the authorized officer has suspended the fair price shop of the petitioner and order passed for 5 / 5 enquiry which is still pending before the concerned authority. It is also pertinent to mention here that the show cause notice was issued by the SDO (R) to the petitioner and the petitioner has already been submitted reply before the SDO(R). At this juncture, I am not inclined to entertain this petition, therefore, there is no prima facie violation of any rules or regulations. 7. Accordingly, the present writ petition is dismissed. However, respondent No.4/SDO (R) is directed to decide the pending enquiry within ‘one month’ from the date of receipt of copy of this order in accordance with rules, regulations and law and petitioner is at liberty to file appropriate appeal or petition, if any cause of action arises later on. Sd/- (Arvind Kumar Verma) Judge Vasant