1 2025:CGHC:18636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2009 of 2025 1 - Khaadya Suraksha Poshan And Upbhokta Sewa Sahkari Samiti - Chidapara Through President Chamaru Tirki S/o Bir Sai Tirki Aged About 55 Years, President Of Khaadya Suraksha Poshan And Upbhokta Sewa Sahkari Samiti Chidapara R/o Village Chidapara Tahsil Mainpat District Surguja Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh. 2 - The Collector (Food Department) Surguja (Ambikapur) District Surguja Chhattisgarh. 3 - The Sub Divisional Officer (Revenue) Sitapur, District Surguja Chhattisgarh. 4 - The Food Inspector Mainpat, Tahsil Mainpat, District Surguja Chhattisgarh. 5 - President Of Pushpa Women Self Help Group Chidapara R/o Village Chidapara, Tahsil Mainpat District Surguja Chhattisgarh. ... Respondent(s) (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. A.N. Pandey, Advocate through video conferencing For State/Respondent/s :- Mr. Satish Gupta, G.A. RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.13 17:59:40 +0530 2 ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 24/04/2025 1. Heard Mr. A.N. Pandey, Advocate through video conferencing for the petitioner as well as Mr. Satish Gupta, Government Advocate for the State/respondent/s appearing on advance copy. 2. The present petition is being filed against the impugned order dated 15.12.2024 issued by Respondent No. 3, by which the Fair Price Shop of the petitioner has been cancelled without giving opportunity of hearing to the petitioner and contrary to mandatory provision of Rules 16 (3) of Chhattisgarh Public Distribution System (Control) order 2016. 3. The petitioner has filed this petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to set aside of the impugned order dated 15.12.2024 ANNEXURE P/1 issued by the respondent No.3. 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.” 4. Brief fact of this case is that the present petition is being made against the impugned order dated 15.12.2024 (ANNEXURE P/1) passed by the respondent No.3 by which the Fair Price Shop of petitioner has been cancelled without giving opportunity of hearing 3 to the petitioner and contrary to mandatory provision of Rules 16 (3) of Chhattisgarh Public Distribution System (Control) order 2016. As per show cause notice some minor deficiency in operating of the shop of petitioner and the inspection report was prepared behind the back of petitioner and no any documents was serve to the petitioner with the show cause notice and no sufficient time was granted to the petitioner for filling the reply. Thereafter, the respondent No.4 submitted the said Inspection Report before the Sub Divisional Officer (R) (Sitapur), even the Inspection Report was not serve to the petitioner. On the basis said report, respondent No.3 issued show cause notice to the petitioner on 1.7.2024 and directed to file the reply within 3 days and after receiving of show cause notice, petitioner submitted the detail reply and denied the charges and as per show cause notice some minor deficiency and petitioner was not violated any terms and condition of the rules and not committed any irregularity in operating of Fair Price Shop but the respondent No.3 without conducting any enquiry and not recording any statement of any the Rashan Card Holder or any villagers or petitioner and cancelled the shop of petitioner which is contrary to Rule 16(3) of Chhattisgarh Public Distribution System (Control) order 2016 and same day respondent No.3 issued the advertisement for allotment of the shop of petitioner therefore the impugned order passed by the respondent No.3 is illegal, arbitrary and bad in the eyes of law, hence, this petition. 4 5. Learned counsel for the petitioner submits that the respondent No. 4 inspected the petitioner’s shop and prepared an inspection report alleging shortage of essential good grains, which is contrary to Rule 9(9) of the Chhattisgarh Public Distribution System (Control) Order, 2016, and submitted the report to Respondent No. 3. Respondent No. 3 issued a show cause notice to the petitioner dated 20.08.2020, in which the only allegation was that the petitioner self-help group is having shortage of essential food grains. It is stated that in response to the notice, the petitioner submitted a reply stating that there was a shortage of essential food grains due to torn up bags and also due to racklessnes at the time of shifting of bags, which had not been updated in the online server. Additionally, due to technical issues led to manual distribution, which was not reflected in the online server. Therefore, physical verification is necessary to verify the facts. He further submits that without considering the reply submitted by the petitioner, the shop was suspended without affording opportunity of hearing to the petitioner. 6. Learned counsel for the respondent-State opposes the submissions made by the learned counsel for the petitioner and submits that the impugned order has been rightly passed and requires no interference by this Hon’ble Court. It is further submitted that the instant petition is not maintainable, as the suspension order in question falls within the jurisdiction of the Sub-Divisional Officer (Revenue), who is the prescribed authority 5 under the Chhattisgarh Public Distribution System (Control) Order, 2016, and is required to conduct the necessary enquiry in accordance with the said Order. 7. Relying upon the judgment passed by the Hon’ble Supreme Court and also on various occasions by this Hon’ble High Court, including the recent decision in the matter of Sitara Women Self Help Group, Chamanpur vs. State of Chhattisgarh and Others in WPC No. 4043/2022, decided on 16.04.2025, the learned State counsel submits that an alternative remedy is available to the petitioner under the law. If the petitioner approaches the Sub- Divisional Officer (Revenue) and the Collector by way of an appeal along with an application for interim relief, the concerned authorities are at liberty to consider and decide the same in accordance with law. 8. I have heard learned counsel for the parties and also perused the material available on record. 9. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties, and also taking into account the decisions rendered by the Hon’ble Supreme Court as well as this Court, particularly the recent decision in Sitara Women Self Help Group, Chamanpur vs. State of Chhattisgarh and Others in WPC No. 4043/2022, decided on 16.04.2025, this Court directs the petitioner to approach the concerned Sub-Divisional Officer (Revenue) and the Collector by way of an appeal along with an application for interim 6 relief within a period of 25 days from the date of receipt of a copy of this order. The concerned appellate authorities shall consider and decide the interim application filed by the petitioner within a maximum period of 45 days from the date of receipt of such application. 10. It is further made clear that the petitioner is required to approach the SDO(R) on or before 16th May, 2025. 11. The Sub-Divisional Officer (Revenue) is emphatically directed to decide the appeal and the application for interim relief expeditiously. 12. With the aforesaid observation(s) and direction(s), the present petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi