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2026 DAILYLAW 20801 (CHH)

KHAADYA SURAKSHA POSHAN AND UPBHOKTA SEWA SAHKARI SAMITI v. STATE OF CHHATTISGARH

WPC/1791/2026 · 2026-05-06

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:21360 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1791 of 2026 Khaadya Suraksha Poshan and Upbhokta Sewa Sahkari Samiti Maryadit- Namnakala Through President Brijesh Soni S/o Late Kuldeep Soni, Aged About 41 Years R/o- Ward No. 14 Namnakala Ambikapur, District- Surguja (C.G.) ... Petitioner(s) 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) Ambikapur, District- Surguja (C.G.) 3 - The Food Officer, Office Of Collector (Food Branch) Ambikapur, District- Surguja (C.G.) 4 - The Food Inspector, Ambikapur, District- Surguja (C.G.) 5 - President of Laksh Khaadya Suraksha Poshan and Upbhokta Sahkari Sewa Samiti, Namnakala Ambikapur/ Operator Of Govt. Faire Price- Ambikapur I.D No. 391001063 R/o- Ward No. 13 Namnakala, Tahsil- Ambikapur, District- Surguja (C.G.) ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. AN Pandey, Advocate For Respondent(s) : Dr. Arham Siddique, Panel Lawyer SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.05.11 17:56:59 +0530 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/05/2026 1. Heard. 2. Learned counsel for petitioner would submit that the petitioner is running a Fair Price Shop at Ward No.14, Namnakala, Ambikapur. District Sarguja (CG). Based on a report submitted by the Food Inspector-Respondent No.4, wherein certain deficiencies were found, the Food Officer, Office of Collector (Food Branch), Ambikapur, District Sarguja (CG) (Respondent No. 3) issued a show-cause notice on 22.3.2023, calling for an explanation from the petitioner as to why proceeding should not be initiated against him for cancellation of her licence and for prosecution. He contended that without granting an opportunity of hearing or allowing for a reply/explanation to be submitted by petitioner, the concerned Food Officer passed the order dated 27.4.2023 (Annexure P/1) suspending the allotment of the Fair Price Shop of the petitioner. He further submits that under Clause 16 of Chhattisgarh Public Distribution System (Control) Order, 2016 (for short “Control Order, 2016), a provision of penalty is provided. Furthermore, the time limit prescribed for the conclusion of proceedings is 3 months for the redressal of such cases; hence, no action suspending the shop ought to have been taken against 3 the petitioner by the concerned Food Officer. He submits that similar nature of prayer made by petitioners therein in WPC No. 683/2023, came to be disposed of vide order dated 5.5.2026 directing the concerned authority to conclude the proceedings within the stipulated time and till then, the order of status quo has been passed, hence, similar direction may be issued in this petition as well. 3. Learned counsel for the respondents would not oppose the submissions made by learned counsel for the petitioner. 4. Considering the provision under Clause 16(1) of the Control Order, 2016, which prescribe a time period of 3 months for concluding proceedings, the concerned Food Officer is directed to conclude the proceedings in terms of Clause 16(1) within a further period of 30 days from the date of receipt of a copy of this order. It is further directed that till the proceedings before the concerned Food Officer are concluded, status quo, as it exists today, shall be maintained. 5. With the aforesaid observation and direction, the Writ Petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay