Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 44182 (CHH)

JAI MAA DANTESHWARI KHADYA SURAKSHA POSHAN AVAM UPBHOKTA SEWA SAHAKARI SAMITI MARYADIT, v. STATE OF CHHATTISGARH

WPC/5909/2024 · 2025-01-24

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:4565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5909 of 2024 1 - Jai Maa Danteshwari Khadya Suraksha Poshan Avam Upbhokta Sewa Sahakari Samiti Maryadit, Bhainsa Balsamund, Through The President Of Ishwari Sahu S/o Sanat Sahu, Aged About 41 Years, R/o Bhainsa Balsamund, Block And District-Bemetara (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Food And Civil Supplies Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur (C.G.) 2 - The Collector, District-Bemetara (C.G.) 3 - The Sub-Divisional OfÏcer (Revenue), Bemetara, District-Bemetara (C.G.) 4 - The Food Inspector, Bemetara, District-Bemetara (C.G.) 5 - Santoshi Mahila Swa Sahayata Samuh, Balsamunda, Block- Bemetara, District-Bemetara (C.G.) Through Its President. Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. A.K. Yadav, Advodcate For Respondent(s) : Mr. R.K. Gupta, Addl. Advocate General RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.01.24 17:48:21 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 24/01/2025 1. Learned counsel for the petitioner would submit that Fair Price Shop allotted to the petitioner has been suspended by the Sub Divisional OfÏcer (R)- Bemetara vide its order dated 26/09/2024 without following the provisions of Order 16 (1) of the Chhattisgarh Public Distribution System (Control) order, 2016 (hereinafter referred to as ‘the Order, 2016’). He would submit that earlier in a similar matter i.e. WPC No. 3603 of 2021 vide order dated 07/09/2021, the co-ordinate Bench of this Court remitted the matter back to the authority to decide the case of the petitioner strictly in accordance with Order 16 (3) of the Order, 2016. He would pray for similar relief. 2. On the other hand, learned counsel for the would oppose the same and submit that there is an alternative remedy to prefer an appeal before the Collector according to the provisions of Order 18 of the Order, 2016. 3. I have heard counsel for the parties and perused the records. 4. Taking into consideration the fact that SDO (Revenue), Bemetara, Distt. Bemetara suspended the allotment of Fair Price Shop of the petitioner without complying with the provisions of Order 16 (3) of the Order, 2016, without anything on the merits of the case, the present petition is disposed of with a direction to SDO (Revenue), 3 Bemetara, Distt. Bemetara to decide the case of the petitioner within a period of 30 days from the date of receipt of copy of this order. 5. It is further directed that till then status quo as it exists today shall be maintained. 6. With the aforesaid observations and directions, the present writ petition is disposed of . Sd/- Sd/- (Bibhu Datta Guru) Judge Rahul