1 2026:CGHC:22652 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2198 of 2026 Bhuneshwar Paikra S/o- Dembu Aged About 55 Years Salesman Of Faire Price Shop Of Village- Panchayat- Aamgaon, P.S. And Tahsil- Shankargarh, District- Balrampur- Ramanujganj (C.G.) --- Petitioner 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) Balrampur, District- Balrampur- Ramanujganj (C.G.) 3 - The Sub Divisional Officer (Revenue) Shankargarh, District- Balrampur- Ramanujganj (C.G.) 4 - The Tahsildar Shankargarh, District- Balrampur- Ramanujganj (C.G.) 5 - Food Inspector- Shankargarh District- Balrampur- Ramanujganj (C.G.) --- Respondents WPC No. 2237 of 2026 Subham Beck S/o- Dilip Kumar Aged About 26 Years Salesman Of Faire Price Shop Of Village- Panchayat Gamhardih R/o- Village- Saraidih, P.S. And Tahsil- Shankargarh, District- Balrampur- Ramanujganj (C.G.) ---Petitioner YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.05.14 10:18:00 +0530 2 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) Balrampur, District- Balrampur- Ramanujganj (C.G.) 3 - The Sub- Divisional Officer(Revenue) Shankargarh, District- Balrampur- Ramanujganj (C.G.) 4 - The Tahsildar Shankargarh, District- Balrampur- Ramanujganj (C.G.) 5 - Food Inspector, Shankargarh, District- Balrampur- Ramanujganj (C.G.) --- Respondents WPC No. 2231 of 2026 Smt. Santa Singh W/o Mahendra Kumar Aged About 35 Years Salesman Of Faire Price Shop Of Village Panchayat Ayari, R/o Village Ayari, P.S. And Tahsil Shankargarh, Distt. Balrampur Ramanujganj, Chhattisgarh. ---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan, New Raipur, Distt. Raipur, Chhattisgarh. 2 - The Collector (Food Department) Balrampur, Distt. Balrampur Ramanujganj, Chhattisgarh. 3 - The Sub Divisional Officer (Revenue) Shankargarh, Distt. Balrampur Ramanujganj, Chhattisgarh. 4 - The Tahsildar Shankargarh, Distt. Balrampur Ramanujganj, Chhattisgarh. 5 - Food Inspector Shankargarh, Distt. Balrampur Ramanujganj, Chhattisgarh. --- Respondents 3 WPC No. 2213 of 2026 Manoj Paikra S/o Vinod Ram Aged About 32 Years Salesman Of Faire Price Shop Of Village- Panchayat- Manoharpur R/o Village- Manoharpur, P.S And Tahsil- Shankargarh, Distt- Balrampur- Ramanujganj (C.G.) ---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur Distt Raipur (C.G.) 2 - The Collector (Food Department) Balrampur Distt- Balrampur- Ramanujganj (C.G.) 3 - The Sub-Divisional Officer (Revenue)- Shankargarh Distt- Balrampur- Ramanujganj (C.G.) 4 - The Tahsildar- Shankargarh Distt- Balrampur- Ramanujganj (C.G.) 5 - Food Inspector- Shankargarh Distt- Balrampur- Ramanujganj (C.G.) --- Respondents WPC No. 2210 of 2026 Chandan Yadav S/o Kamlesh Yadav Aged About 25 Years Ex Salesman Of Faire Price Shop Of Village Panchayat Karasi, R/o Village Lahsunpat, Shankargarh, P.S. And Tahsil Shankargarh, Distt. Balrampur Ramanujganj, Chhattisgarh. ---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, Distt. Raipur, Chhattisgarh. 2 - The Collector (Food Department) Balrampur, Distt. Balrampur Ramanujganj, Chhattisgarh. 3 - The Sub Divisional Officer (Revenue) Shankargarh, Distt. Balrampur Ramanujganj, Chhattisgarh. 4 - The Tahsildar Shankargarh, Distt. Balrampur Ramanujganj, Chhattisgarh. 4 5 - Food Inspector Shankargarh, Distt. Balrampur Ramanujganj, Chhattisgarh. --- Respondents WPC No. 2207 of 2026 Anshu Kumar Paikra S/o Dholo Ram Aged About 26 Years Salesmen Of Faire Price Shop Of Village - Panchayat - Bhuneshwarpur R/o Village- Bhuneshwarpur Shankargarh P.S. And Tahsil - Shankargarh, Distt- Balrampur- Ramanujganj (C.G.) ---Petitioner Versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur Distt- Raipur (C.G.) 2 - The Collector (Food Department) Balrampur Distt- Balrampur - Ramanujganj (C.G.) 3 - The Sub - Divisional Officer (Revenue) Shankargarh Distt- Balrampur, - Ramanujganj (C.G.) 4 - The Tahsildar Shankargarh, Distt - Balrampur - Ramanujaganj (C.G.) 5 - Food Inspector Shankargarh Distt- Balrampur- Ramanujganj (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. A.N. Pandey, Advocate For Respondents/State : Mr. Anand Dadariya, Dy. Advocate General assisted by Ms. Anuska Naik, Dy. Govt. Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 13.05.2026 1. Since a common question of law and fact is involved in all these writ petitions, they were clubbed together, heard analogously and are being decided by this common order. 5 2. The present batch of petitions has been filed challenging the legality and validity of the respective recovery orders/recovery certificate (RRC) notices all dated 09.04.2026 issued by the concerned Tahsildars/respondent authorities purportedly in exercise of powers under Section 146 of the Chhattisgarh Land Revenue Code, whereby the petitioners have been directed to deposit the alleged recovery amounts within the stipulated period without issuance of any prior notice and without affording any opportunity of hearing, thereby allegedly causing gross violation of the principles of natural justice. According to the petitioners, no adjudicatory order, penalty order or determination of liability, as contemplated under Rule/Clause 16(3) of the Chhattisgarh Public Distribution System (Control) Order, 2016, has ever been passed by the competent authority against the petitioners and despite absence of any such determination, the respondent authorities have directly proceeded to initiate recovery proceedings through the impugned recovery notices, which action is wholly arbitrary, illegal, without jurisdiction and contrary to the prescribed statutory procedure. 3. Learned counsel appearing on behalf of the petitioners submits that the petitioners were either working as salesmen/operators of the respective Fair Price Shops or were associated with the functioning of such shops, whereas the licences/allotments of the Fair Price Shops stood in the name of the concerned Gram Panchayats/Self Help Groups/operating agencies. It is submitted 6 that in relation to alleged shortages or discrepancies found during physical verification/inspection of the stock of food grains, notices, if any, were issued only to the concerned operating agencies such as the Sarpanch, Secretary or other office bearers, and no independent proceedings whatsoever were initiated against the petitioners. It is further submitted that neither any show cause notice was issued to the petitioners nor any enquiry or adjudicatory proceedings determining their liability was conducted prior to issuance of the impugned recovery notices. According to learned counsel, the respondent authorities, without following due process of law and without passing any order fixing responsibility upon the petitioners, have directly fastened liability upon them by issuing the impugned recovery notices under Section 146 of the Chhattisgarh Land Revenue Code, which action is in clear violation of the principles of natural justice as well as Rule/Clause 16(3) of the Chhattisgarh Public Distribution System (Control) Order, 2016. 4. Per contra, learned State counsel, on instructions, submits that physical verification and inspection of the concerned Fair Price Shops had been conducted by the competent authorities and shortages/deficiencies in stock of essential commodities were found during such verification proceedings. It is further submitted that notices had also been issued in relation thereto; however, learned State counsel fairly submits that no detailed adjudicatory proceedings determining the liability of the present petitioners 7 have yet been concluded. Learned State counsel therefore submits that liberty may be granted to the respondent authorities to initiate appropriate proceedings in accordance with law against the petitioners as well as against the concerned operating agencies/persons responsible for management and operation of the Fair Price Shops and thereafter, upon conducting proper enquiry and granting due opportunity of hearing to all concerned parties, appropriate orders may be passed in accordance with law. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and further taking into consideration the submissions advanced by learned State counsel, this Court deems it appropriate to stay the effect and operation of the impugned recovery proceedings/recovery certificate (RRC) notices dated 09.04.2026 issued against the petitioners. However, the concerned revenue authorities as well as the competent authorities under the Chhattisgarh Public Distribution System (Control) Order, 2016 are directed to initiate appropriate proceedings, if so advised, in accordance with law against the petitioners as well as all other persons/agencies concerned with the operation and management of the respective Fair Price Shops, including the allottee agencies in whose favour licences/allotments had been issued, within a period of 30 days 8 from the date of receipt of copy of this order. Thereafter, the competent authorities shall conduct proper enquiry strictly in accordance with law and after affording adequate opportunity of hearing to all concerned parties, shall pass appropriate reasoned orders. 7. The petitioners as well as all other concerned parties shall duly cooperate with the competent authorities during the course of enquiry proceedings and till culmination of such proceedings, the effect and operation of the impugned recovery proceedings/recovery certificate (RRC) notices dated 09.04.2026 shall remain stayed. 8. It is, however, made clear that upon conclusion of the enquiry proceedings, the competent authorities shall be at liberty to pass appropriate orders in accordance with law and recover the amount, if any, found due and recoverable from the persons ultimately held responsible. 9. With the aforesaid observations and directions, all the writ petitions stand disposed of. 10. There shall be no order as to costs. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh