1 2025:CGHC:20704 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5491 of 2024 1 - Jai Maa Bhawani Khadya Suraksha Poshan Avam Upbhokta Sewa Sahkari Samiti Maryadit Belgaon Belgaon, Post - Beltara, Block-Saja, District - Bemetara, Chhattisgarh. Thourgh Its President -Shri Ramsnehi Verma S/o Shri Paklu Verma, Age About 48 Years, R/o Village - Belgaon, P.O. - Beltara, Tehsil - Thankhamariya, District - Bemetara, Chhattisgarh. ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh. 2 - The Collector, Bemetara, District Bemetara, Chhattisgarh. 3 - The Sub Divisional Officer, Saja, District Bemetara, Chhattisgarh. 4 - Jai Bajrangbali Mahila Swa-Sahayata Samuh, Tedhi, Block-Saja, District Bemetara, Chhattisgarh. 5 - Food Inspector, Saja, District - Bemetara, Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Ms. Sharmila Singhai, Senior Advocate assisted by Ms. Ishita Niyogi and Mr. Kawaljeet Singh Saini, Advocate For State/Respondent/s : Mr. Shreyansh Mehta, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.12 19:50:44 +0530 2 Order on Board 06/05/2025 1. Heard Ms. Sharmila Singhai, Senior Advocate assisted by Ms. Ishita Niyogi and Mr. Kawaljeet Singh Saini, learned counsel for the petitioner as well as Mr. Shreyansh Mehta, learned Panel Lawyer for the State/respondent/s. 2. Brief facts of this case is that the petitioner is a registered society and the present petition is being filed through the President of petitioner's society. The petitioner's society is a registered society under the Chhattisgarh Cooperative Societies Act 1960. On 11/12/2020 the fair price shop of Village Belgaon was allotted in the name of the petitioner as per Clause 16 (1) of Chhattisgarh Public Distribution System (Control) Order, 2016 (for short Control Order, 2016). The copy of allotment order of the society is filed herewith as Annexure-P/3. It is submitted that since 2020, the petitioner is running the fair price shop without any obstruction and there was no complaint whatsoever till date against the petitioner society. The petitioner taken aback when they received the impugned order dated 31/07/2024 in which it is mentioned that a report was submitted by the Food Inspector/respondent No.5 regarding the irregularities in the operation of the Fair Price Shop. On the basis of the report of the Food Inspector, a showcause notice dated 13/06/2024 was issued to the petitioner society and the reply filed by the petitioner society was not found to be 3 satisfactory, therefore, after exercising the power under Clause 16 of Control Order 2016 the license of the Fair Price Shop of petitioner's society has been terminated and the said shop attached to the respondent No.4 stating in the said notice that an inspection was conducted by the Food Inspector, Saja/respondent No.5 on 11/03/2024 in which it is mentioned that there are certain irregularities in operation of the fair price shop and without giving sufficient opportunity, only 3 days' time was granted for filing the reply. It is important here to mention that from perusal of the show-cause notice that on 11/03/24 the Food Inspector has inspected the shop whereas he prepared the inquiry report on 12/03/24 in which he has specifically stated that the Petitioner's society has infringed clause 9(16), 11(11),14 (1)(2) and 15 of order of 2016 and a Panchnama has also been prepared at the time of inspection, therefore the conduct of the petitioner's society is punishable under section 3/7 of Essential Commodities Act 1955. After issuance of show-cause noticed dated 13/06/2024, the appropriate Authorities have not decided the matter within one month as per sub Clause 3 of 16 of Chhattisgarh Public Distribution Scheme (Control) Order 2016. Further, though the impugned order was passed on 31/07/2024 but it was served on the petitioner's society on 24/10/2024 therefore the order impugned itself is bad in law as it has been issued after expiry of 1 month from the date of issuance of show-cause notice and also it is not served on the petitioners society within time and only after 4 expiry of more than 3 months, the impugned order has been served on the petitioner's society and the Fair Price Shop has been attached to Respondent No.4/Jai Bajrangbali Mahila Swa- Sahayata Samuh Tedhi which is also contrary to the Order of 2016 as there is no provision for attachment in the said order. Thereafter, the license of the petitioner society has been cancelled as per Clause 16 of Control Order 2016 on 31/07/2024 whereas as per sub-clause 3 of Clause 16 it is envisage that the proceeding regarding cancellation or suspension of the license/allotment for running the Fair Price Shop be decided within 3 months, but in the present case, in impugned order itself it is mention that the Respondent No.3/Sub-Divisional Officer, Saja has issued the show cause notice on 13/06/2024 and the impugned order had been passed on 31/07/2024 which itself shows that the respondent No.3 himself has not followed the Control Order 2016 in its true spirit. As till date there were neither any complaint made by the villagers of village Belgoan nor any irregularities committed by the petitioner for running the Fair Price Shop. In such circumstances the impugned order is arbitrary and bad in law. Hence this petition. 3. Learned counsel for the respondent-State submits that the petition itself is not maintainable. Suspension order has been challenged wherein the SDO is prescribed authority, he is required to conduct the enquiry under the Chhattisgarh Public Distribution System (Control) Order, 2016. 5 4. I have heard learned counsel for the parties and also perused the material available on record. 5. The challenge in the present writ petition is to the order of respondent No.3/Sub-Divisional Officer (Revenue) Saja District : Bemetara dated 31.07.2024 (Annexure P/1) whereby on some allegations of shortcomings in the running of the Fair Price Shop has been suspended and it has been ordered to be attached to another society. 6. At the outset, this Court is of the opinion that the issue involved in the present case is governed under the Chhattisgarh Public Distribution System (Control) Order, 2016. As per Notification No.F 9-27/Food/2008/29-1, dated the 23rd January, 2017 and in pursuance of the Chhattisgarh Food and Nutritional Security Act, 2012 (No.5 of 2013) and in supersession of the Chhattisgarh Public Distribution System (Control) Order 2004, the State Government, issued order for maintaining supplies, distribution and securing availability of essential commodity like food, grains, etc. under the Targeted Public Distribution system. The relevant paras 15, 16 & 18 is as under : 15. Compliance of instructions. - Fair Price Shopkeeper shall comply with the instructions issued by State Government, Director, Food, Civil Supplies and Consumer Protection Department or the Collector, from time to time. 16. Penalty.- (1) If the Shopkeeper contravenes any provision of the agreement then he shall be liable for suspension or cancellation by the officer authorized for allotment of Fair Price Shop. The time limit for 6 redressal of such cases shall not exceed three months. (2) During inspection of the shop, if any irregularity is found, then without prejudice to any action the whole or part of the amount deposited by shopkeeper as security, shall be forfeited in favour of the State Government. (3) Before cancellation of authority letter of Fair Price Shop or forfeiture of whole or part of security, Food Controller or Food Officer of the district or Sub- Divisional Officer of sub-division shall issue show cause notice to Fair Price Shopkeeper and after giving an appropriate opportunity of being heard shall decide within a period of a month from issuance of show cause notice. 18. Appeal. (1) Any person aggrieved by any order of designated officer, denying the allotment of Fair Price Shop, issue or renewal of a ration card or cancellation of the ration card, may appeal to the Collector/Additional Collector within a period of 30 days from the date of receipt of the order. (2) Any person aggrieved by an order of the Collector may appeal to the State Government within a period of 30 days of receipt of the order and its decision shall be final. (3) No such appeal shall be disposed off unless the aggrieved person has been given a reasonable opportunity of being heard. (4) During the pendency of an appeal, the Appellate Authority may direct that the order under appeal shall not take into effect for such period as the authority may consider necessary for giving a reasonable opportunity to the other party under sub-rule (3) or until the appeal is disposed off, whichever is earlier. 7. In view of there being an alternative remedy available to the petitioner, the present writ petition in its present from would not be maintainable. 8. The writ petition is accordingly disposed of directing the petitioner to avail the remedy under Clause 18 of the Control Order, 2016 before the SDO(R) and the Collector. The petitioner is also at 7 liberty to move an interim application before the SDO(R) seeking stay of the effect and operation of the impugned order dated 31.07.2024 (Annexure P/1). 9. It is further directed that in the event, if the petitioner approaches the SDO(R) and the Collector by way of an appeal along with an application for interim relief within a period of 15 days, it is expected that the concerned authorities shall consider and decide the interim application at the outer limit of 45 days. 10. With the aforesaid observation(s) and direction(s), the present petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi