ANJEEL MAHILA SWA-SAHAYATA SAMUH GANESHPUR v. STATE OF CHHATTISGARH
WPC/62/2025 · 2025-01-08
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46775 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46775 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:1079
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 62 of 2025 1 - Anjeel Mahila Swa-Sahayata Samuh Ganeshpur Through Its President Smt. Subhashani Masih, W/o Heson Masih, Aged About 64 Years -- R/o Village Ganeshpur, Post Vishrampur, Tahsil Simga, District Baloda Bazar, Bhatapara (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Food Civil Supplies, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur
Chhattisgarh. 2 - Secretary, Department Of Panchayat And Rural Development, State Of Chhattisgarh Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur
Chhattisgarh. 3 - Collector, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh. 4 - Sub Divisional Officer (Revenue) Simga,, Tahsil Simga, District Baloda
Bazar
Bhatapara
Chhattisgarh. 5 - Food Inspector, Simga, Tahsil Simga, District Baloda Bazar Bhatapara
Chhattisgarh. 6 - Jai Ambey Mahila Swa-Sahayata Samuh, Koliha, Through Its Secretary, Jai Ambey Mahila Swa - Sahayata Samuh, Koliha, Tahsil Simga, District Baloda Bazar Bhatapara Chhattisgarh. ... Respondent(s) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.09 17:36:45 +0530
2 For Petitioner : Mr. S.S. Kushwaha and Ms. Laxmin Tondey, Advocates. For Respondents/State : Mr. Satish Gupta, G.A.
Hon'ble Justice Shri
Bibhu Datta Guru
Order on Board 08/01/2025
1. In the present writ petition, the petitioner is seeking the quashment of impugned order Annexure P-1 dated 09/12/2024, passed by the S.D.O.(Revenue), by which the fair price shop allotted to the petitioner has been suspended for a limited period on the allegation of several irregularities committed by the Self Help Group in distribution of essential commodities under Public Distribution Control Order 2016. 2. Learned counsel for the petitioner submits that on 27/07/2024, heavy rain came in the community society Bhawan, due to which, goods of Fair Price Shop of the petitioner’s society have been spoiled. He further submits that the petitioner’s society has informed to the concerned respondent authorities for sending new foods for running Fair Price Shop, but without giving proper opportunity to the petitioner and without considering the explanation of the reply of the petitioner, the impugned order has been passed against him, which is bad in law. 3. Learned counsel for the respondent/State submits that the S.D.O. issued a show cause notice dated 29/07/2024 and the petitioner explained the same by replying to the said notice on 01/08/2024.
The S.D.O. by considering the explanation submitted by the
3 petitioner, when came to the conclusion that the explanation submitted by the petitioner is not sufficient, the order of suspension of allotment of Fair Price Shop has been passed, which is under challenge. He further submits that the inquiry is still going on and after the inquiry, the final order will be passed. 4. I have heard learned counsel for both the parties. 5. In the present case, the S.D.O. (Revenue) had issued a show cause notice to the petitioner on 29/07/2024 and the petitioner replied to the same on 01/08/2024. Thereafter, the S.D.O. passed the order of suspension as the explanation submitted by the petitioner not found sufficient and the inquiry is still going on as stated by the learned State counsel, at this stage, it is observed that there is no irregularity & infirmity in the order passed by the S.D.O.(Revenue) dated 09/12/2024, by which, the Fair Price Shop allotted to the petitioner has been suspended. However, the S.D.O.(Revenue)/respondent No.4 is directed to conclude the inquiry proceeding within a period of thirty days from today and pass an appropriate order. The petitioner is at liberty to challenge the same before the appropriate authority, if any order will be passed against him. 6. With the aforesaid observation(s) and direction(s), the writ petition is disposed. SD/-
(Bibhu Datta Guru)
Judge Amardeep