AMRIT MAHILA SWA SAHAYATA SAMOOH v. STATE OF CHHATTISGARH
WPC/4900/2024 · 2025-01-17
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38098 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38098 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:3228
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4900 of 2024 1 - Amrit Mahila Swa Sahayata Samooh, Though, Its Secretary Smt. Shakunti W/o Manoj Singh, Aged About 35 Years R/o Gram Panchayat Pachawal, Tahsil And Janpad Panchayat - Ramchandrapur, District - Balrampur-Ramanujganj Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food Civil Supply Corporation, Mahanadi Bhawan, Capital Complex, Naya Raipur,
Atal
Nagar,
Distt.
Raipur
Chhattisgarh 2 - The District Director Food And Civil Supplies Corporation, Balrampur, District - Balrampur-Ramanujganj Chhattisgarh 3 - The Collector OfÏce Of Collectorate, Balrampur, (Food Branch), District Balrampur-Ramanujganj Chhattisgarh 4 - The Food Inspector Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh 5 - The Sub Divisional OfÏcer (Revenue) Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.17 23:53:37 +0530
2 6 - Govt. Fair Price Shop Sanwal Gram Sanwal, Tahsil - Ramchandrpur, District Balrampur-Ramanujganj Chhattisgarh
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Navneet Kumar Yadav, Advocate. For Respondent/State : Shri Anmol Sharma, Panel Lawyer
Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 17.01.2025
1. By the present writ petition, the petitioner is questioning the order dated 28.08.2024 (Annexure P/1) passed by the SDO (Revenue) Ramanujganj District Balrampur-Ramanujganj whereby the fair price shop allotted to the petitioner has been cancelled by the SDO.
2.
Learned counsel appearing for the petitioner submits that the impugned order dated 28.08.2024 (Annexure P/1) passed by the SDO (Revenue) Ramanujganj District Balrampur-Ramanujganj in a clear violation of principles of natural justice without providing any opportunity of hearing to the concerned society/petitioner, hence the
order impugned is completely bad in law.
3.
Learned counsel appearing for the respondents/State submits that notices were issued to the Director/salesman of the Society which is sufÏcient to cancel the allotment of fair price shop to the petitioner.
4. I have heard learned counsel for the parties and gone through the pleadings as well as the documents placed by the petitioner.
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5. From perusal of the order and show cause notice dated 16.07.2024 issued to the Director/Assistant Salesman and on the basis of the reply submitted by the Assistant Salesman, the impugned order of cancellation of the fair price shop allotted to the petitioner has been cancelled. It appears that no notices or opportunity of hearing has been provided to the petitioner/Society.
6. Perusal of the impugned order would show that the same has been passed by issuance of notice to the salesman of society and no notices were issued to the President of the society whose allotment of fair price shop has been cancelled.
7. Accordingly, the impugned order is hereby quashed. However, the respondents are free to take action against the society, if so desired, by providing sufÏcient opportunity and notice to the petitioner/society.
8. With the aforesaid observation, the writ petition allowed. Sd/-
(Bibhu Datta Guru) Judge Shoaib