Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 7011 (CHH)

MAA KALI MAHILA SWA SAHAYATA SAMUH v. STATE OF CHHATTISGARH

WPC/986/2021 · 2025-04-30

Shri Rakesh Mohan Pandey

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:19658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 986 of 2021  Maa Kali Mahila Swa Sahayata Samuh ( A Society Registered Under The Societies Registration Act) Village And Post Tusma, Tahsil Nawagarh, District Janjgir Champa (Chhattisgarh) Through President Smt. Satyabhama Sahu W/o Shri Netram @ Ashok Sahu, Aged About 35 Years, Village Tusma, Tahsil Nawagarh, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Civil And Revenue District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2. Collector, Civil And Revenue District Janjgir Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh 3. Sub Divisional Officer (R), Janjgir, Civil And Revenue District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 4. Naib Tahsildar, Shivrinarayan, Tahsil Nawagarh, Civil And Revenue District Janjgir Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh 5. Shri Kamal Prasad Patel S/o Shri Guharam Patel R/o Village And Post Tusma, Tahsil Nawagarh, Civil And Revenue District Janjgir Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Ramesh Nayak, Advocate For State : Mr. Shubham Bajpai, P.L. For Respondent No. 5 : Mr. Ravindra Sharma, Advocate 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 30-04-2025 1. The challenge in the present writ petition is to the order of Sub- Divisional Officer, Janjgir Dist.-Janjgir Champa i.e. respondent No.3 dated 12.01.2021 (Annexure P/17) 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. 2. 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. Under the said control order clause 18 specifically provides for an appeal to be preferred to the Collector in the event of any suspension or cancellation of allotment of a fair price shop. In view of there being an alternative remedy available to the petitioner, the present writ petition in its present form would not be maintainable. 3. At this stage, counsel for the petitioner prays for a short period of time within which he may be permitted to prefer an appeal before the authority, till then, let status quo as it exists today be maintained as petitioner has already made too much of investment. 4. No objection from other side. 5. The writ petition accordingly is disposed of directing the petitioner to avail the remedy under Clause-18 of the Control order 2016 before the Collector, Janjgir Champa within period of 30 days from today. The petitioner is also at liberty to move an interim application before the Collector seeking stay of the effect and operation of the impugned order dated 12.01.2021. 6. It is further directed that in the event, if the petitioner approaches the Collector by way of an appeal along with an application for interim relief, it is expected that the Collector shall consider and decide the interim application 3 within further period of 30 days. 7. It is made clear that the interim order dated 22.02.2021 will remain operative for a period of 60 days. 8. The writ petition accordingly stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya