-1- 2025:CGHC:53029 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2810 of 2023 Gram Panchayat Nawapara Khurd Through- Sarpanch Smt Kamla Devi W/o Bhojraj Singh Aged About 36 Years, Sarpanch Of Village Panchayat- Nawapara Khurd/ Operator Of Fair Price Shop- Nawapara Khurd I.D. No.392012007 R/o Village- Nawapara Khurd Tahsil- Ramanujnagar Distt. Surajpur (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) Surajpur Distt- Surajpur (C.G.). 3 - The Sub- Divisional Officer (Revenue) Ramanujnagar Distt-Surajpur (C.G.). 4 - Food Inspector- Ramanujnagar Distt- Distt- Surajpur (C.G.). ... Respondent(s) __________________________________________________________ For Petitioner (s) : Mr. A.N. Pandey, Advocate For Respondents/State : Mr. Pranjal Shukla, Panel Lawyer _______________________________________________________ S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 30/10/2025 1. This writ petition is filed by the petitioner seeking following reliefs: Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.11.01 11:01:28 +0530 -2- “10.1 That, this Hon’ble Court may kindly be pleased to set aside of the impugned recovery notice dated 01.06.2023 issued by the respondent No.3 Annexure P/1. 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 petitioner submits that petitioner was allotted Fair Price Shop at Nawapara Khurd, Premnagar. It was being continuously run in accordance with the law for long time. On 07.02.2022, respondent No.3 issued show cause notice to the petitioner mentioning that Fair Price Shop is being run in violation of Clause 5 (24), 11 (3), (6), (11), 13 (1), 14 (1), (2) and 15 of the Chhattisgarh Public Distribution System (Control) Order, 2016 (for short “Control Order 2016”) and granted only three days time to reply. Petitioner diligently submitted reply on 10.02.2022 within the period prescribed in show cause notice. However, without considering the reply submitted by petitioner, another show cause notice for recovery of difference amount of shortage found in food-grains has been issued to petitioner on 01.06.2023. Notice itself is bad in law as explanation offered in reply submitted by petitioner was not considered which is also apparent from the contents of notice wherein it is mentioned that explanation to show cause notice was not received. He pointed out that in reply submitted to show cause notice dated 07.02.2022, there is receipt seal and therefore it cannot be said that petitioner has not submitted reply. 3. Learned counsel for the State opposes submission of learned counsel -3- for the petitioner and would submit that respondent No.3 following due process of law and procedure prescribed under Control Order 2016 has issued show cause notice Annexure P-1 for recovery of amount as mentioned therein on account of shortage of food-grains. He also pointed out that from contents of show cause notice Annexure P-1 it is apparent that petitioner has not offered any explanation on the show cause notice dated 07.02.2022 issued by the respondent No.3. 4. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition. 5. Perusal of Annexure P-2 would show that respondent No.3 issued show cause notice mentioning that on physical verification, Inspecting Officer found shortage of rice, sugar, salt, gram and kerosene and thereafter it is recorded that Fair Price Shop is run in violation of Clauses of Control Order 2016, granted three days time to submit reply to show cause notice. Annexure P-3 is reply submitted by petitioner to show cause notice on 10.02.2022 which also bears receipt seal of person who received the reply of petitioner. 6. This writ petition is filed in the year 2023. However, no reply is submitted by respondents denying the pleading made in writ petition. Writ petition came up for hearing on 23.06.2023 and this Court looking to grounds raised in writ petition as also documents annexed along with it, has passed interim order of restraining respondents from initiating any recovery proceeding. Stay order is running since last more than two years. 7. In the aforementioned facts of case, in the opinion of this Court, in the -4- facts of the case, no purpose will be served in keeping this writ petition pending further, awaiting reply to be submitted by respondent-State, but I find it appropriate to dispose of this writ petition at this stage setting aside the notice Annexure P-1 and further reserving liberty with respondent No.3 to take decision on show cause notice dated 07.02.2022 after considering reply Annexure P-3 submitted by petitioner on 10.02.2022. 8. Accordingly, this writ petition is allowed. Impugned notice dated 01.06.2023 Annexure P-1 is set aside/quashed. However, respondent No.3 will be at liberty to take a fresh decision on show cause notice dated 07.02.2022 taking into consideration the reply submitted/explanation offered by petitioner on show cause notice, in accordance with law. Sd/- Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen