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2025 DAILYLAW 4463 (CHH)

RAJESH KUMAR SONI, v. STATE OF CHHATTISGARH,

WPC/586/2021 · 2025-04-22

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:18216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 586 of 2021  Rajesh Kumar Soni, S/o Late Shri Muneshwar Prasad Soni, Aged About 46 Years President - Multipurpose Seve Sahkari Samiti Lundra, Post And Block Lundra, Tehsil Lundra. District - Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh, Through - The Secretary, Department Of Food And Civil Supplies, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. The Collector Sauguja Through (Food Branch) District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 3. The Sub - Divisional Officer, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4. Adim Jati Seva Sahkari Samiti Maryadit Dumardih Block Lundra, Tehsil Lundra, District - Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Petitioner : Mr. Nitesh Sahu, Advocate on behalf of Ms. Neha Shah, Advocate For State/ Respondent No. 1 to 3 : Mr. Shubham Bajpai, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 22-04-2025 1) Facts of the present case are that petitioner was running a Fair price Shop in Gram Panchayat- Dumardih, Tehsil- Lundra, District- Sarguja (C.G.) and SDO(R), Ambikapur vide order dated 23.10.2020, attached 2 the shop of the petitioner with the Adim Jati Seva Sahkari Samiti Maryadit, Dumardih without assigning any reason until further orders. 2) Learned counsel for the petitioner submits that the order issued by SDO(R), Ambikapur dated 23.10.2020 is contrary to the principles of natural justice as it has been passed without affording opportunity of hearing to the petitioner. 3) On the other hand, learned State counsel submits that there is efficacious alternative remedy available to the petitioner to prefer appeal in accordance with the provisions of Clause 18 of the PDS Control Order, 2016. 4) Heard. 5) Taking into consideration the fact that there is efficacious alternative remedy available to the petitioner to prefer appeal against the order dated 23.10.2020 issued by the SDO(R), Ambikapur before the Collector, Sarguja, in the opinion of this Court, this petition is not maintainable. Consequently, instant petition deserves to be and is hereby dismissed. 6) However, petitioner would be at liberty to prefer appeal within period of 30 days from today along with application for grant of stay before the concerned Collector, who in turn is directed to decide the application for grant of stay within period of 30 days from the date of its presentation. 7) For a period of 60 days, interim order dated 09.02.2021 shall remain operative. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya