1 CGHC010276012026 2026:CGHC:31911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3763 of 2026 1 - Khadya Suraksha Poshan Evam Upbhokta Seva Sahkari Samiti Maryadit, Bhala Through Its Secretary Shobhnath Prajapati S/o Shri Shivan Prajapati Aged About 49 Years R/o Ward No 10, Gram Bhala District Balrampur- Ramanujganj (C.G.) ... Petitioner Versus 1 - State of Chhattisgarh Through- Secretary Food, Civil Supplies And Consumer Protection Department Mahanadi Bhawan Naya Raipur, District- Raipur (C.G.). 2 - The Collector District- Balrampur Ramanujganj (C.G.). 3 - The Sub Divisional Officer (Revenue) And Executive Magistrate Ramanujganj District- Balrampur-Ramanujganj (C.G.). 4 - The Assistant Food Officer Ramanujganj District- Balrampur-Ramanujganj (C.G.). 5 - The Food Inspector Block- Ramanujganj District- Balrampur-Ramanujganj (C.G.). 6 - Lakshmi Mahila Swayam Sahayata Samuh Parhiyadih Through- Its RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.07.31 10:50:10 +0530 2 President R/o Village- Parhiyadih Tahsil/block- Ramanujganj District- Balrampur-Ramanujganj (C.G.). ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Vimal Pathak, Advocate. For State : Mr. Soumitra Kesharwani, P.L. SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 27.07.2026 1. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the order dated 25.03.2026 passed by Respondent No. 3 whereby the allotment of the fair price shop of the petitioner has been cancelled, and also seeking other consequential reliefs. 2. The case of the petitioner, in brief, is that the fair price shop at Gram Panchayat Bhala was operated by the petitioner without any complaint since 2020 pursuant to a valid order of allotment issued by the competent authority, distributing foodgrains and other essential commodities under the Public Distribution System strictly through the e-POS system. It is submitted that on the basis of an inspection report dated 19.08.2025 allegedly prepared without physical verification, a show cause notices dated 04.09.2025 and 29.10.2025 were issued to the petitioner, to which detailed replies were duly submitted denying all allegations. However, without conducting any proper enquiry and without affording adequate opportunity of hearing, the impugned order dated 25.03.2026 3 came to be passed cancelling the allotment. It is further contended that respondent No. 3 directed that the Fair Price Shop at Bhala be attached to the nearest Fair Price Shop at Parhiyadih, which is being operated by respondent No. 6, namely, Lakshmi Mahila Swayam Sahayata Samuh. Pursuant thereto, by communication/order dated 09.04.2026, respondent No. 3 directed the immediate handing over of the charge and stock of the Fair Price Shop to respondent No. 6. It is further submitted that the respondents' own records do not disclose any finding of financial loss to the State exchequer, any established case of misappropriation or diversion of foodgrains, or any subsisting discrepancy in the stock at the time of handing over. Despite the absence of any such adverse findings, the respondents have imposed the extreme penalty of cancellation of the petitioner's Fair Price Shop allotment and displaced the petitioner-society solely on the basis of the disputed inspection report dated 19.08.2025, without duly considering the petitioner's defence. It is, therefore, contended that the impugned action is wholly arbitrary, unreasonable, and in clear violation of the principles of natural justice. 3. Following reliefs have been prayed by way of this petition:- “10.1 That, this Hon'ble High Court may kindly be pleased to issue an appropriate writ, order or direction quashing and setting aside the Impugned order dated 25.03.2026 (Annexure P/1) passed by Respondent No. 4 3, whereby the authorization/allotment of the petitioner- society to operate the Government Fair Price Shop at Gram Panchayat Bhala has been cancelled and the shop has been attached to respondent No. 6. 10.2 That, this Hon'ble High Court may kindly be pleased to Quash and set aside the consequential order/communication & the charge-handover/Panchanama dated 09.04.2026 (Annexure P/2), whereby the stock and e-POS machine of FPS Bhala have been handed over to respondent No. 6-Lakshmi Mahila Swayam Sahayata Samuh, Parhiyadih, and all other consequential actions flowing from the impugned order. 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.” 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. It is further submitted that no proper enquiry was conducted and the cancellation order has been passed mechanically. 5. Learned State counsel, on the other hand, 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 5 expeditious in nature and provides for adjudication of all grievances. 6. Having heard learned counsel for the parties and on perusal of the record, this Court finds that the grievance of the petitioner relates to cancellation of fair price shop allotment. It is not in dispute that the Control Order, 2016 provides a statutory remedy of appeal under Section 18 against such orders. This Court is of the considered opinion that when an efficacious alternative remedy is available, the 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. 7. Accordingly, considering the aforesaid facts and circumstances of the case, the present writ petition is disposed of with the following directions that the petitioner is granted liberty 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 today, 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 6 principles of natural justice and alleged coercion, strictly in accordance with law. 8. It is made clear that this Court has not expressed any opinion on the merits of the case. 9. With the aforesaid observations and directions, the writ petition stands disposed of. 10. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju