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2025 DAILYLAW 6476 (CHH)

VISHWA MAHILA SWA SAHAYATA SAMOOH v. STATE OF CHHATTISGARH

WPC/626/2025 · 2025-01-30

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:5514 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 626 of 2025 1 - Vishwa Mahila Swa Sahayata Samooh Chandrashekar Ward, I.D. No. 451001041 Jagdalpur, Through Its President Smt. Pramila Kashyap, W/o Shri Munna Lal Kashyap, Aged About 35 Yrs. R/o S 93, Chandrashekar Azad, Ward No. 41, Sun City, Atal Awas, Jagdalpur, District Bastar Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh. 2 - The Director Of Food, Civil Supplies And Consumer Protection Block 2, 3rd Floor, Indrawati Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh. 3 - The Collector (Food) Collectorate OfÏce Jagdalpur, District Bastar Chhattisgarh. 4 - Foof Controller Jagdalpur, District Bastar Chhattisgarh. 5 - The Sub Divisional OfÏcer (R) Jagdalpur, District Bastar Chhattisgarh. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.31 16:46:47 +0530 2 6 - Maa Kali Swa Sahayata Samooh I.D. No. 451001007, Ward Civil Line Jagdalpur, District Bastar Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri A.S. Rajput, Advocate. For Respondent/State : Ms. Anuja Sharma, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 30.01.2025 1. By the present writ petition, the petitioner who is a self-help group questioning the order dated 08.01.2025 (Annexure P/3), by which the Food Controller Jagdalpur has suspended the fair price shop allotted to the petitioner and attached the same to respondent no. 6 i.e. Maa Kali Sewa Sahayata Samooh. 2. Learned counsel for the petitioner would submit that the order of suspension has been made by the respondent authorities without issuance of notice or providing any opportunity of hearing to the petitioner which is in violation of principles of natural justice. He further submits that the order of suspension is bad in law and is liable to be quashed. 3. Learned counsel for the respondent submits that as there is some irregularities committed by the petitioner and order of suspension is under Clause 16 (1) of Public Distribution System (Control) Order 2016. 4. I have heard learned counsel for the parties and perused the order dated 08.01.2025 (Annexure P-3). 3 5. It appears from the order, that the order of suspension is passed by the Food Controller by unreasoned and non-speaking order without assigning any reason why this order of suspension has been passed. It appears from the order that before issuance of the suspension order, no opportunity of hearing or notice has been issued to the petitioner, hence, the impugned order dated 08.01.2025 passed by the Food Controller is quashed, however liberty is reserved for the respondent to take action against the petitioner, if so desire, in accordance with law by providing providing sufÏcient opportunity of hearing to all the parties including the respondent No.6. 6. With the aforesaid direction, this writ petition stands disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib