1 / 5 2025:CGHC:46708 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4855 of 2025 Luxmi Self Help Group Through President Smt. Lakshmin Bhaina W/o Tarachand Baina, Aged About-40 Years, President Of Luxami Self Help Group- Shivrinarayan R/o Ward No. 9 Shivrinarayan P.S. And Tahsil- Shivrinarayan, Distt. Janjgir Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, Distt. Raipur (C.G.) 2 - The Collector (Food Department) Janjgir, Distt. Janjgir Champa (C.G.) 3 - The Sub Divisional Officer (Revenue) Janjgir, Distt. Janjgir Champa (C.G.) 4 - The Food Inspector Navagarh, Distt. Janjgir Champa (C.G.) 5 - The Community Development Committee-Shivrinarayan Through President Of Community Development Committee- Shivrinarayan/ Operator Of Govt. Faire Price Shop, I.D. No. 541009002 Shivrinarayan R/o Shivrinarayan, P.S. And Tahsil Shivrinarayan, Distt. Janjgir Champa (C.G.) ---- Respondents For Petitioner : Mr. A.N. Pandey, Advocate For State : Ms. Nupur Trivedi, PL VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.09.12 18:02:33 +0530 2 / 5 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 12/09/2025 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 set aside the impugned order dated 02.09.2025 (Ann.P/4) issued by the Respondent No.3. 10.2 Any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner contended that the respondent no.3, allotted the faire price shop of ward no. 10,11 & 12 Nagar Panchayat Shirvrinarayan to the petitioner on 8.4.2021 & 18.08.2022 and after allotment, petitioner was regularly operated of the faire price shop and no any complain against the petitioner. One false complaint made by members of another ward on 21.07.2025 against the petitioner shop, respondent no.4, prepared the inspection report of the shop of petitioner and found some deficiency in the shop of petitioner and the same report was not serve to the petitioner and send the report to the respondent no.3. On the basis of said report, respondent no.3 issued the show cause notice on dated 28.07.2025 to the petitioner and directed to 3 / 5 filed the reply within 3 days and after receiving of notice, petitioner submitted the reply and submitted that she has not committed any irregularity in the operating of the shop but the respondent no.3 without considering the reply submitted by the petitioner and passed the impugned order on the ground that the reply submitted by the petitioner is not satisfactory and nothing has been mention in the order that why the reply filed by the petitioner is not satisfactory and passed the impugned order in arbitrary manner. This, Hon'ble Court was please to consider and decided the similar case in W.P(C) no. 4280/2025 vide order dated 12.08.2025 and further this Hon'ble Court was please to passed the interim order in similar cases in W.P.(C) no. 3936/2024 vide order dated 14.8.2024 and W.P (C) no. 5758/2024 vide order dated 21.11.2024. 3. On the other hand, State counsel would submit that a show cause notice was issued to the petitioner on 28.07.2025 (Annexure-P/2) and the reply to the same was filed on 01.08.2025 (Annexure-P/3), 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.3. She would further submit that there were serious allegations with regard to irregularities in operating the Fair Price Shop. She would next submit that the order impugned has been passed according to the provisions contained in Rule 16(3) of the Order, 2016. 4 / 5 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 ‘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 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 5 / 5 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.3 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