Sewa Sahkari Samiti Maryadit Village Kushfar v. STATE OF CHHATTISGARH
WPC/6370/2024 · 2025-01-06
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45645 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45645 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:536
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6370 of 2024 1 - Sewa Sahkari Samiti Maryadit Village Kushfar Through Its President Heeralal Singh S/o Shri Devsharan Singh, Aged Agbout 41 Years R/o Gram Panchayat Kushfar, Tahsil Ramchandrapur, District Balrampur- Ramnujganj (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food Civil Supply Corporation, Mahanadi Bhawan, Capital Complex, Naya Raipur, Atal Nagar, Distt. Raipur (C.G.) 2 - The District Director, Food And Civil Supplies Corporation, Balrampur, District Balrampur Ramanujganj (C.G.) 3 - The Collector, Office Of Collectorate, Balrampur (Food Branch), District Balrampur Ramanujganj (C.G.) 4 - The Food Inspector, Ramchandrapur, District - Balrampur - Ramanujganj, Chhattisgarh 5 - The Sub Division Officer (Revenue) Ramchandrapur, District Balrampur Ramanujganj (C.G.)
2 / 3 6 - Govt. Fair Price Shop Kameshwar Nagar, Gram Panchayat Kameshwar Nagar, Tahsil-Ramchandrapur, District Balrampur- Ramanujganj (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Navneet Kumar Yadav, Advocate For Respondents/State : Mr. Anmol Sharma, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 06/01/2025
1. By the present writ petition, the petitioner is questioning the order dated 17/10/2024 (Annexure P/1) passed by the SDO (Revenue), 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 17/10/2024 (Annexure P/1) passed by the SDO (Revenue), 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 sufficient 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 26/09/2024 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 sufficient opportunity and notice to the petitioner/society.
8. With the aforesaid observation, the writ petition allowed.
Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar