ANNAPURNA MAHILA SWA SAHAYATA SAMOOH BASEEN v. STATE OF CHHATTISGARH
WPC/6269/2025 · 2025-12-02
Shri Parth Prateem Sahu
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55739 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55739 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:58532
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6269 of 2025 Annapurna Mahila Swa Sahayata Samooh Baseen Through Its President Smt. Jhangali Bai D/o Kalaram, Aged About 50 Years, R/o 39, Khaira Village- Baseen, District Sakti (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Woman And Child Development Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 2 - Collector Sakti, District Sakti (C.G.) 3 - Sub Divisional Officer (Revenue), Sakti, District Sakti (C.G.) 4 - Hemlata Chandra, W/o Premchand Chandra, Sarpanch Village Basin, District Sakti (C.G.)
... Respondents For Petitioner : Mr. P. Acharya, Advocate For Respondent no. 1 to 3 : Mr. Saumitra Kesharwani, Panel lawyer Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 03.12.2025 ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.12.04 14:23:43 +0530
2
1. This writ petition has been filed by the petitioner, seeking following reliefs:-
“10.1 That the Hon’ble Court may kindly be pleased to call for the records of the case of the petitioner. 10.2 That the Hon’ble Court may kindly be pleased to pass orders for quashing the impugned order dated 21.11.2025 (Annexure P/1) passed by respondent no. 3. 10.3 That the Hon’ble Court may kindly be pleased to pass necessary orders for restoring the license of the petitioner to run the fair price shop situated at Gram Panchayat Baseen, District- Sakti (C.G.) 10.4 Any other relief/relief’s which this Hon’ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition may also be pleased to be granted to the petitioners.”
2.
Learned counsel for petitioner would submit that order Annexure P-1 dated 21.11.2025 suspending the agency of petitioner to operate the Government Fair Price Shop situated at Village Panchayat Baseen, District- Sakti (C.G.) is in violation of principles of natural justice. He further submits that the order passed is only on the basis of inspection report submitted by Food Officer before taking action of suspending work of petitioner to operate the fair price shop, no show cause notice was issued. The show cause notice dated 21.11.2025 Annexure P-2 is issued on the same date when the order is passed, therefore, it is bad in law.
3.
Learned counsel for State submits that according to Clause 16 of the Control Order, 2016 it is provided that if fair price shopkeeper violates any of the provision under Control Order, 2016 then it is liable to be suspended and canceled for the shop. According to Clause 16(3) of
3 Control Order, 2016, at the time of cancellation, show cause notice is required to be issued and to give an opportunity of hearing and it is to be concluded within one month from the issuance of show cause notice. As show cause notice is issued to the petitioner proceeding will be concluded, in accordance with the provision under Clause 16(3) of the Control Order, 2016.
4. At this stage, counsel for petitioner would submit that petitioner was not supplied with relevant material based upon which the show cause notice was issued to which petitioner is unable to submit its reply and defend the allegations leveled against petitioner and, therefore, direction be issued to respondent no. 3 to supply all material and documents which was relied upon by respondent no. 3 for issuance of show cause notice, enabling petitioner to make proper defense.
5. I have heard learned counsel for respective parties and perused the documents enclosed along with this writ petition.
6. Considering submission made by counsel for the respective parties,
facts and circumstances of the case as also the fact that the decision is yet to be taken by respondent no. 3 after considering the reply to be submitted by petitioner on the proceedings initiated by respondent no. 3 against the petitioner. However, respondent no. 3 is directed to supply all the relevant documents as prayed for by the petitioner in his application, which was considered and relied upon for issuance of show cause notice and passing an order Anenxure P-1 of suspension of the agency of petitioner to run fair price shop within a period of one week from the date of receipt of copy of this order. The petitioner will thereafter submit its reply within a further period of ten days.
4
7. Respondent no. 3 is also directed to conclude the proceedings thereafter, expeditiously, within a further period of one month, in accordance with law.
8. With the aforesaid observation and direction, this writ petition is
disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) alfiza
JUDGE