1 2025:CGHC:5454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 631 of 2025 1 - Sukhsagar Nirmalkar S/o Late G.P. Nirmalkar Aged About 45 Years President Of Pratibha Khaadya Suraksha Poshan And Upbhokta Sewa Sahkari Samiti Maryadit Budhwari Bazar R/o Ward No. 21 Budhwaribazar P.S. And Tehsil Korba District - Korba (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District - Raipur (C.G.) 2 - The Collector (Food Department ) Korba District - Korba (C.G.) 3 - The Food Officer Korba District - Korba (C.G.) 4 - The Food Inspector Korba Town District - Korba (C.G.) ... Respondent(s) For Petitioner(s) : Shri A.N. Pandey, Advocate For Respondent(s)/ State : Shri Mayur Khandelwal, Panel Lawyer. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 30/01/2025 1. By the present petition the petitioner who is operating a fair price shop is questioning order dated 27/12/2024 (Annexure P-1) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.03 17:22:14 +0530 2 passed by the Food Officer. The Food Officer by exercising his power under Clause 16 (1) of the Public Distribution System (PDS) Control Order, 2016, suspended the allotment of fair price shop to the petitioner and by the same order it was attached to Buniyadi Khadya Suraksha Poshan and Upbhokta Seva Sahakari Samiti Maryadit Kanshinagar, Korba. 2. Learned counsel for the petitioner submits that before suspending the allotment of fair price shop the respondent authorities have not provided any opportunity of hearing to the petitioner. He further submits that though the show cause notice has been issued and reply has been submitted by the petitioner but without considering the same and reflecting the details in the impugned order, the order of suspension has been passed. He further submits that the order of suspension is bad in law and is liable to be quashed. 3. Learned State counsel submits that the order of suspension is under Clause 16 (1) of Public Distribution System (PDS) Control Order 2016. He further submits that the final order about the irregularities of the petitioner is yet to be passed by the authorities and in the meanwhile the order impugned had been passed by the Food Officer by suspending the allotment of the shop. 4. I have heard learned counsel for the parties and perused the order dated 27/12/2024 (Annexure P-1). 5. Perusal of the order dated 27/12/2024 (Annexure P-1) would show that the order of suspension of fair price shop allotted to the 3 petitioner is a non speaking order. Further, as show cause notice has been issued and reply is submitted the impugned order is not reflecting whether the reply of the petitioner is considered or not. Considering the facts and circumstance of the case, I am of the view that the order of the Food Officer is contrary to principles of natural justice, therefore, the order dated 27/12/2024 (Annexure P-1) is set aside till the final order on the irregularities of the petitioner alleged against him. However, the respondent authorities are directed to pass appropriate final order in accordance with law within a period of 30 days from today. 6. With the aforesaid observation, the petition stands disposed off. SD/- (Bibhu Datta Guru) Judge Amardeep