1 2025:CGHC:36905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1017 of 2021 * - Luxmi Women Self Help Group Kuniya Through President Smt. Heerawati W/o Prakash Aged Abojut 28 Years President Of Luxmi Women Self Help Group Kuniya Block Mainpat, District Surguja Chhattisgarh, R/o Village Kuniya Block Mainpat, District : Surguja (Ambikapur), Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh 2 - The Collector (Food Department) Surguja, District : Surguja (Ambikapur), Chhattisgarh 3 - The Sub Divisional Officer (Revenue) Sitapur, District : Surguja (Ambikapur), Chhattisgarh 4 - The Food Inspector Mainpat, District : Surguja (Ambikapur), Chhattisgarh 5 - President Of Women Self Help Group Kudaridih Block Mainpat, District : Surguja (Ambikapur), Chhattisgarh ... Respondents For Petitioner : Mr. Shubham Tiwari, Advocate holding the brief of Mr. A.N. Pandey, Advocate For Respondents/State : Mr. Pramod Shrivastava, Deputy Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 29/07/2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble court may kindly be pleased to set aside of impugned order dated 23.1.2021 ANNEXURE P/1 issued by the respondent No. 3 and allow the petitioner to continue for running of fair price shop of Village- Kuniya, Block Mainpat, District Surguja (C.G.). Digitally signed by RAMESH KUMAR VATTI Date: 2025.08.05 10:51:14 +0530 2 10.2 That, this Hon’ble court may kindly be pleased to set aside of impugned advertisement dated 23.1.2021 issued by respondent no. 3 ANNEXURE P/2. 10.3 That, this Hon’ble Court may kindly be pleased to called the entire record in the entire proceeding of cancellation of fair price shop of petitioner. 10.4 Any other relief of reliefs may also be granted to the petitioner which this Hon’ble court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that the order was passed by the Sub-Divisional Officer (Revenue) Sitapur, District- Surguja, Chhattisgarh whereby fair price shop allotted to the petitioner was suspended. He would contend that no inquiry was conducted and no opportunity of hearing was afforded. He would pray to quash the order dated 23.01.2021 passed by respondent No. 3. 3. On the other hand, learned counsel for the State would submit that the order passed by the Sub-Divisional Officer (Revenue) Sitapur, District Surguja is appealable one according to Clause 18 of the PDS (Control) Order, 2016, therefore, the petition is not maintainable. 4. I have heard learned counsel for the parties. 5. Taking into consideration the fact that there is efficacious alternative remedy available to the petitioner, I am not inclined to keep this matter pending. Consequently, the petition is disposed of at motion stage. However, the petitioner would be at liberty to prefer a duly constituted appeal before the concerned Collector within a period of 30 days from today alongwith an application for grant of stay and the authority 3 concerned is directed to decide it further period of 90 days strictly in accordance with law. 6. As interim order was passed in favour of the petitioner on 23.02.2021, it shall continue for said period. Sd/- (Rakesh Mohan Pandey) Judge vatti