SWATI MAHILA SWA-SAHAYATA SAMUH v. STATE OF CHHATTISGARH
WPC/1056/2023 · 2026-07-26
Shri Amitendra Kishore Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 29442 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29442 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010072672023
2026:CGHC:31970
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1056 of 2023 1 - Swati Mahila Swa-Sahayata Samuh A.Society Duly Registered Under The Provisions Of The Chhattisgarh Society Registration Act 1973, Through Its President, Smt. Swati Sharama, D/o Prasram Sharma Aged About 30 Years R/o Village Tamerpara Durg District Durg Chhattisgarh 2 - Jai Shri Kisrhan Mahila Swa Sahayta Samuh A Societies Duly Registered Under The Provision Of The Chhattisgarh Society Registration Act 1973, Through Its President, Kusum Bai, W/o Bhaiya Lal Age About 65 Years R/o Village Panchsheel Nagar, Durg District Durg Chhattisgarh 3 - Laxmi Prathmik Upbhokta Bhandar Maryadit Kela Badi A Society Duly Registered Under The Provision Of The M.P. Co-Operative Society Act 1960, Through Its President, Zahida Begum, W/o Younus Age 50 About Years R/o Village Kela Badi, Durg, District Durg Chhattisgarh
... Petitioners versus 1 - State Of Chhattisgarh The Secretary Department Of Food, Supplies And Consumer Protection, Mahanadi Bhawan, Mantralaya Atal Nagar Complex, Raipur District Raipur Chhattisgarh 2 - The Director Of Food Civil Supplies And Consumer Protection Block- 2, 3rd Floor, Indrawati Bhawan, Mantralaya Atal Nagar Raipur District Raipur Chhattisgarh 3 - The Collector (Food) Office Of The Collectorate, Durg District Durg Chhattisgarh YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.07.29 17:42:24 +0530
2 4 - Food Controller Office Of The Collectorate Campus, Durg District Durg Chhattisgarh
... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Sanjay Agrawal, Advocate For State : Mr. Amit Nayak, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board 27.07.2026
1. By filing the present writ petition, the petitioners call in question the legality, validity and propriety of the advertisement dated 30.01.2023 (Annexure P-1) issued by respondent No.4, whereby applications were invited for fresh allotment of fair price shops, including the fair price shops presently being operated by the petitioners at Ward No.10 (Shop No.431001015), Ward No.27 (Shop No.431001032) and Ward No.41 (Shop No.431001051), without cancellation of their existing allotments or issuance of any prior notice or opportunity of hearing. The petitioner has prayed for following relief(s) :-
“10.1 That, the Hon'ble Court may kindly be pleased to call for the entire records relating with the instant petition. 10.2 The Hon'ble court may kindly be please to quash the impugned Advertisement dated 30.01.2023(Annexure P-1). 10.3 The Hon'ble court may kindly be pleased to direct the respondents particularly the
3 respondent no. 4 to allow the petitioner's society to continue their previous allotted shop without any hindrance. 10.4 That, the Hon'ble Court may kindly be pleased to pass any other orders/direction that, this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.”
2.
Learned counsel for the petitioners submits that the fair price shops of the petitioners are located at Shankar Nagar Paschim, Ward No.10 (Shop No.431001015), Polesai Para, Ward No.27 (Shop No.431001032) and Kela Badi, Ward No.41 (Shop No.431001051). It is submitted that respondent No.4 has issued the advertisement dated 30.01.2023 (Annexure P/1), inviting applications for fresh allotment of the aforesaid fair price shops, without there being any prior notice or intimation to the petitioners' societies regarding cancellation of their existing allotments. It is further contended that the petitioners' societies have been continuously operating the said fair price shops since the year 2005 and are still distributing essential commodities under the Public Distribution System.
3. Learned State counsel submits in the reply that the petitioners have challenged the advertisement dated 30.01.2023 whereby applications were invited for sanction of new fair price shops within the limits of Municipal Corporation, Durg. It is submitted that the petitioners' fair price shops have not been cancelled and continue to operate. The impugned advertisement has been issued in
4 accordance with the rationalization policy framed under Rule 8(a) of the Chhattisgarh Public Distribution System (Control) Order, 2016, for establishment of additional fair price shops in wards where the number of attached ration cards exceeds the prescribed limit. It is further submitted that the mention of Shop Nos.431001015, 431001032 and 431001051 in the advertisement is only for the purpose of identifying the location of the newly proposed fair price shops and does not amount to cancellation of the petitioners' existing allotments. It is further contended that after allotment of the new fair price shops, separate shop IDs would be generated and the eligible ration cards would be redistributed in accordance with the rationalization policy.
4. It is clear that the allotments of the petitioners' fair price shops have not been cancelled. The impugned advertisement merely contemplates establishment of new fair price shops under the rationalization scheme in the concerned wards where the number of attached ration cards exceeds the prescribed limit.
5. With the aforesaid observations, the petition stands disposed of.
Sd/-
(Amitendra Kishore Prasad)
Judge Yogesh