JAI MAA SHITLA MAHILA SWA SAHAYATA SAMOOH, TAMARUWA v. STATE OF CHHATTISGARH
WPC/920/2023 · 2025-03-25
Shri Amitendra Kishore Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8690 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8690 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:14257
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 920 of 2023 Jai Maa Shitla Mahila Swa Sahayata Samooh, Tamaruwa Through Its President Champa Sinha W/o Yashwant Sinha, Aged About- 45 Years, R/o Village Tamaruwa, Post Gudha, Block- Kawardha, District : Kawardha (Kabirdham), Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Woman And Child Development, Mantralaya, Mahanadi Bhavan, Naya Raipur, District : Raipur, Chhattisgarh 2 - Collector District- Kabirdham, Chhattisgarh 3 - Sub Divisional Officer (Revenue) Kawardha, District : Kawardha (Kabirdham), Chhattisgarh 4 - Jai Maa Kali Mahila Swa Sahayata Samooh Litipur Through Its President- Block Kawardha, District : Kawardha (Kabirdham), Chhattisgarh
... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Amit Kumar, Advocate For Respondents-State : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Amitendra Kishore Prasad, Judge
Order
on Board
25.03.2025 1 Heard Mr. Amit Kumar, learned counsel for the petitioner. Also heard Mr. Satish Gupta, learned Government Advocate, appearing for the State. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.26 10:22:07 +0530
2 2 The petitioner has filed this writ petition seeking following reliefs:-
“10.1 The Hon'ble Court may kindly be pleased to quash the order dated 19.01.2023 issued by respondent no.3 (Annexure P/1), in the ends of justice. 10.2 Any other relief which this Hon'ble Court deems fit and proper be awarded in favor of the petitioner, including cost.” 3
Learned counsel for the petitioner submits that the petitioner society was running fair price shop at village -Tamaruwa, Block- Kawardha, District Kabirdham (C.G.) since long time without any complaint. Some villagers made complaint against the petitioner society alleging that they sell out the kerosene oil at the rate of Rs.90/- per liter in place of Rs.85/-, which is Government price of kerosene oil, as such, the petitioner society demanded Rs.5/- extra from the 20 villagers. He further submits that respondent No.3 issued a notice to the petitioner society on 19.12.2022 stating that there are three terms and conditions were not fulfilled by the petitioner society; such as (i) petitioner society sell out the kerosene oil at the rate of Rs.90/- per liter in place of Rs.85/-; (ii) stock register was not maintained properly; and, (iii) display board/notice board was not holding in front of ration shop, to which, on 23.12.2022, the petitioner has submitted reply stating that the petitioner society would be returned Rs.5/- in the next months and the remaining amount of Rs.5/- would not be returned
3 due to deficiency of change (coin). He also submits that on 19.01.2023, respondent No.3 passed the order and suspended the fair prices shop of the petitioner society and handed the over the charge of said society to respondent No.4, which is not in accordance with law. 4 At this stage, learned State counsel has fairly submits that the reliefs claimed by the petitioner may be allowed and the respondent authorities be directed to complete the proceedings against the petitioner, which is lying pending since January, 2023. 5 In that view of the matter, the respondent authorities, i.e. respondent No.3 Sub Divisional Officer (Revenue) Kawardha, District Kabirdham is directed to conclude the enquiry and to pass the appropriate order, without being influenced by the order passed by this Court, in accordance with law. Till the decision of the Sub Divisional Officer (Revenue) Kawardha, District Kabirdham, the petitioner may continue to run the fair price shop. 6 With the aforesaid observations/directions, instant writ petition is
disposed of.
Sd/- /-
(Amitendra Kishore Prasad) Judge Yogesh