1 2026:CGHC:23719 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 909 of 2022 Hariyali Women Self Help Group -Salekoa Through President Smt. Urmila Bai W/o Dinbandhu Aged About 42 Years, President of Hariyali Women Self Help Group Salekota R/o Village Salekota, P.S. and Block District Gourela Pendra Marwahi Chhattisgarh. ... Petitioner(s) 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) District Surguja Chhattisgarh. 3 - The Sub Divisional Officer (Revenue) Gourela Pendra Marwahi Chhattisgarh. 4 - The Food Inspector Marwahi District Gourela Pendra Marwahi Chhattisgarh. 5 - President Of Indira Women Self Help Group Bharridand Village Bharridand, Block Marwahi, District Gourela Pendra Marwahi Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. AN Pandey, Advocate For Respondent(s) : Mr. SS Choubey, Government Advocate SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.06.17 11:08:35 +0530 2 SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 15/06/2026 1. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the order dated 27.1.2022 passed by Respondent No. 3, whereby the allotment of the fair price shop of the petitioner has been cancelled. 2. By way of this petition, the petitioner has prayed for the following reliefs : “10.1 That, this Hon'ble court may kindly be pleased to set aside of impugned order dated 27.1.2022 ANNEXURE P/1 issued by the respondent no.3 and allow the petitioner to continue for operating of fair price shop of village- Salhekota, Tahsil Marwahi, District Gourela- Pendra- Marwahi (C.G) 10.2 Any other relief or 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.” 3. The case of the petitioner, in brief, is that the fair price shop of Village Salhekota was allotted to the petitioner–Self Help Group on 30.1.2006 and since then the petitioner was running the said shop without any complaint. It is submitted that on the basis of an inspection report allegedly prepared without physical verification, a show cause notice dated 13.1.2022 was issued to the petitioner, to which reply was duly submitted denying all allegations. However, without conducting any proper enquiry and without 3 affording adequate opportunity of hearing, the impugned order dated 27.1.2022 was passed cancelling the allotment. 4. Learned counsel for the petitioner submits that the impugned order is illegal, arbitrary and in violation of principles of natural justice as well as mandatory provisions of Clause 16(3) of the Chhattisgarh Public Distribution System (Control) Order, 2016 (in short “the Order, 2016”). It is further submitted that no proper enquiry was conducted and the cancellation order has been passed mechanically. 5. On the other hand, learned State counsel submits that against the impugned order, an efficacious alternative remedy of appeal is available under Section 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016. It is submitted that the petitioner, if aggrieved, ought to avail the said statutory remedy, which is expeditious in nature and provides for adjudication of all grievances. 6. Heard learned counsel for the parties and also perused the documents annexed to the petition carefully. 7. Admittedly, the grievance of the petitioner relates to cancellation of fair price shop allotment by the impugned order. It is not in dispute that the Control Order, 2016 provides a statutory remedy of appeal under Section 18 against such orders. 8. In view of the foregoing, this Court is of the considered opinion that when an efficacious alternative remedy is available, the 4 petitioner should ordinarily be relegated to avail the same, particularly when the disputed questions of fact are involved. It is also relevant to note that the said appellate authority is required to decide the appeal within a stipulated period, which is approximately 30 days, thereby ensuring expeditious adjudication. 9. Accordingly, the present writ petition is disposed of with liberty to the petitioner to file an appeal before the competent appellate authority under Section 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016. If such appeal is filed within a period of 10 days from the date of receipt of a copy of this order, the same shall be considered and decided by the appellate authority expeditiously, preferably within a period of 30 days thereafter. The appellate authority shall consider all grounds raised by the petitioner, including the plea regarding violation of principles of natural justice in accordance with law. 10. It is made clear that this Court has not expressed any opinion on the merits of the case and the concerned authority shall decide the matter, on its own merits. 11. With the aforesaid observations and directions, the Writ Petition stands disposed of. 12. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay