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2026 DAILYLAW 29479 (CHH)

RIDDHI SIDDHI MAHILA SWASAHAYTA SAMUH v. STATE OF CHHATTISGARH

WPC/3826/2026 · 2026-07-22

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010268992026 2026:CGHC:31416 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3826 of 2026 1 - Riddhi Siddhi Mahila Swasahayta Samuh Nawagaon Bearing I.D. No. 432009005, Through The President Smt. Sonkunwar Sahu W/o Shri Santuram Sahu Aged About 60 Years, R/o Village Nawagaon (Khudmudi), District- Bemetrara (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Food And Civil Supplies Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur (C.G.). 2 - The Collector, District- Bemetara (C.G.). 3 - The Sub Divisional Officer, (Revenue) Bemetara, District- Bemetara (C.G.). 4 - The Food Inspector, Bemetara, District- Bemetara (C.G.). 5 - The Chief Executive Officer, Janpad Panchayat, Bemetara, District- Bemetara (C.G.). 6 - Jay Maa Laxmi Mahila Swa Sahayta Samuh, Mulmula, Through The President, District- Bemetara (C.G.) ... Respondents (Cause title is downloaded from CIS Periphery.) Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 For Petitioner : Mr. Ajeet Kumar Yadav, Advocate. For State : Dr. Arham Siddiqui, P.L. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 23/07/2026 1. The petitioner has filed the instant petition seeking following reliefs:- “10.1 That this Hon'ble Court may kindly be pleased to call the record of case from the respondent authorities. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby quashing/ setting-aside the 08.06.2026 dated order impugned (Annexure P/1) and further be pleased to direct the respondent authorities to allow the petitioner to run allotted fair price shop of Gram Panchayat, Nawagaon. 10.3 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.” 2. Learned counsel for the petitioner submits that the petitioner is aggrieved by the order dated 08.06.2026, whereby the operation of the petitioner's Fair Price Shop has been suspended on the allegation that it was not being run in accordance with the provisions of the Chhattisgarh Public Distribution System (Control) Order, 2016, and that there was a shortage of approximately 24 quintals of foodgrains. It is further submitted that the impugned order has been passed without affording the petitioner any 3 opportunity of hearing and is, therefore, violative of the principles of natural justice and liable to be quashed. 3. Learned State counsel submits that the Chhattisgarh Public Distribution System (Control) Order, 2016 prescribes a complete procedure for adjudication of the allegations. It is submitted that the competent authority, namely the Sub-Divisional Officer (SDO), shall initiate proceedings by issuing notice and affording the petitioner due opportunity of hearing, and the proceedings are required to be concluded within 30 days in terms of Clause 16(3) of the Control Order, 2016. It is, therefore, contended that the present writ petition is premature. 4. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the Chhattisgarh Public Distribution System (Control) Order, 2016 provides a complete mechanism governing suspension of a Fair Price Shop and the subsequent adjudication of the allegations. Under Clause 16(3) of the Control Order, 2016, the competent authority is required to afford the concerned dealer an adequate opportunity of hearing before passing a final order. Since the proceedings contemplated under Clause 16(3) of the Control Order, 2016 are yet to be concluded, this Court is not inclined to examine the merits of the allegations at this stage. Accordingly, the Sub-Divisional Officer (Revenue), Bemetara, District Bemetara (C.G.) is directed to proceed with the matter in accordance with Clause 16(3) of the Control Order, 2016 by affording due 4 opportunity of hearing to the petitioner and thereafter pass the appropriate order strictly in accordance with law. The aforesaid exercise shall be completed within the period prescribed under the Control Order, 2016, preferably within 30 days from the date of receipt of a copy of this order. The petitioner shall furnish a certified copy of this order before the concerned Sub-Divisional Officer (Revenue) for necessary compliance. It is made clear that this Court has not expressed any opinion on the merits of the case, and all questions of fact and law are left open to be decided by the competent authority. 5. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju