1 2025:CGHC:58813 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6325 of 2025 1 - Jai Jagdamba Mahila Mandal - Mudkhusra (Wrongly Mention In The Order As Jai Jagdamba Women Self Help Group) Through Its President Smt. Kala Bai W/o Dindayal Sonwani Aged About 54 Years, President Of Jai Jagdamba Mahila Mandal- Mudkhusra/operator Of Govt. Faire Price Shop Of Village- Mudkhusra R/o Village- Mudkhusra, Block- Doundi-Lohara Distt.- Balod (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) Balod Distt.- Balod (C.G.) 3 - The Sub-Divisional Officer (Revenue) Doundi-Lohara, Distt.- Balod (C.G.) 4 - The Food Inspector- Doundi Lohara Distt.- Balod (C.G.) 5 - Manager Of Adim Jati Seva Sahkari Samiti Maryadit- Bhimkanhar/operator Of Govt. Faire Price Shop- Bhimkanhar I.D. No.- 432008004 R/o Bhimkanhar, Block- Doundi-Lohara Distt.- Balod (C.G.) --- Respondent(s) ____________________________________________________________ For Petitioner : Mr. A.N. Pandey, Advocate For State/Respondents No.1 to 4 : Ms. Upasna Mehta, Dy.Govt. Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 04/12/2025 1. Petitioner has filed this petition seeking following relief (s) :- BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.12.05 17:26:49 +0530 2 “10.1 That, this Hon’ble Court may kindly be pleased to set-aside of the impugned order dated 13.11.2025 Annexure P-1 issued by the respondent No.3. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent no.3 to allow to continue of the petitioner for operating the fair price shop of village – Mudkhusra, Block – Doundi Lohara, District – Balod (C.G.). 10.3 Any other relief or reliefs may also be granted to the petitioners which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel for petitioner submits that though the order for suspension of operation of fair price shop allotted to the petitioner was passed on 13.11.2025, however, till date no show cause notice has been issued. He submits that the allegation for passing the order of suspension (Annexure P-1) is only that petitioner has not deposited the amount in time against the food grains supplied by respondents to the fair price shop for its distribution to the registered members. Petitioner is still operating the fair price shop. Action on the part of the respondents authorities in passing the order of suspension without mentioning specific reason and attaching the fair price shop to be run by other agency, is per-se arbitrary. 3. Learned State counsel opposes the submission of learned counsel for petitioner and would submit that from the information as she received today, it is appearing that petitioner is not regularly depositing the amount against the food grains and in the habit of depositing with delay of one or two months. However, she do not dispute the submission of learned counsel for petitioner that no show cause notice 3 was issued after passing of order Annexure P-1. Upon putting query to learned State counsel, she submits that as per information supplied to her, petitioner has already deposited the amount up to the month of October, 2025 and according to the procedure/norms, the amount for the month of November is deposited up till 10th of December. 4. I have heard learned counsel for parties and perused the documents placed on record. 5. Taking into consideration the submission made by learned counsel for respective parties, the contents of order (Annexure P-1) dated 13.11.2025, in particular the submission of learned counsel for petitioner that amount has already been deposited by petitioner up to the month of October and next amount to be paid/deposited is by 10th of December, the impugned order (Annexure P-1) dated 13.11.2025 is set-aside. However, if the petitioner commits any further irregularity in the future, the concerned authority will be at liberty to initiate proceedings against the petitioner in accordance with the Control Order, 2016, by following due process of law. 6. With the aforesaid observations and directions, this petition stands allowed. Sd/- (Parth Prateem Sahu) Judge Balram