Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:51330 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5402 of 2025 Bajrang Swa Sahayata Samuh Through President, Ramvati W/o Laxman Chauhan Aged About 57 Years, R/o Village Ameri, Tahsil Baramkela, District Sarangarh Bilaigarh (C.G.)
... Petitioner(s) versus 1 - State Of C.G. Through Collector, District Sarangarh- Bilaigarh (C.G.) 2 - Sub Divisional Officer (Revenue) Sarangarh, District Sarangarh Bilaigarh (C.G.) 3 - Food Inspector, Baramkela, District Sarangarh Bilaigarh (C.G.) 4 - President, Shitala Mahila Swa Sahayata Samuh, R/o Village Devgao, District Sarangarh Bilaigarh (C.G.) 5 - President, Dugdh Utpadak Sahkari Samiti Maryadit, Boirdih District Sarangarh Bilaigarh (C.G.) ---- Respondents For Petitioner : Ms. Sareena Khan, Advocate For State : : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 15/10/2025
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1. With the consent of counsel for the parties, the matter is heard on maintainability.
2. This writ petition has been filed by the petitioner on the following relief(s) :
“10.1 That this Hon'ble Court may kindly be pleased to allow this petition and quashed the order dated 30.12.2024 passed by the respondent No.2 in favour of the respondent No.5 for run fare price shop of Gram Panchayat Ameri (Annexure P-6) and directed to respondent No.1 and 2 considering the application of the petitioner permission to run should be granted in favour of the petitioner. 10.2 Any other relief which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case.”
3. Learned counsel for the petitioner contended that being aggrieved by the order dated 30.12.2024, in which Respondent No. 2 has passed
order regarding temporary order given to run fair price shop to the Respondent No. 5. Although petitioner has applied several times for grant of permission to him but Respondents No. 1 and 2 not considered the same. Meanwhile Respondent No. 3 has issued memo on dated 13.12.2024 to the Respondent No. 2 regarding granting permission to the petitioner for the run fare price shop of Gram Panchayat Ameri, hence this petition.
4. Learned counsel for the State opposes the submission made by the petitioner.
5. I have heard learned counsel for the parties and perused the record with utmost circumspection.
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6. Consing the facts of the case, submission made by learned counsel for the parties and on perusal of Annexure P-7, it reveals that the petitioner was operating the Government Fair Price Shop of the said Gram Panchayat Ameri for about 15 years, and due to some reasons, the same was suspended by the Sub-Divisional Officer on 28/12/2018, and was reinstated from suspension by the Sub-Divisional Officer on 12/09/2019, and on 20/09/2019, due to unavoidable reasons, it has been suspended till further orders, but to run the fair price shop, petitioner has made application before the District Food Officer, District Sarangarh Bilaigarh (C.G.) on 09.12.2024, i.e. after lapse of five years.
7. On 09.12.2024 (Anneuxre P-7), the petitioner has filed application seeking permission to run the fair price shop with a delay of about 05 years, it appears that there is negligence and deliberate inaction on the part of the petitioner. As such, the petition barred by delay and laches and is not liable to be entertained.
8. With the aforesaid observation, the instant petition is dismissed on the ground of delay and laches. Sd/-
(Arvind Kumar Verma) Judge Vasant