1 CGHC010305342023 2026:CGHC:36672 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4095 of 2023 1 - Maa Shabri Mahila Swah Sahayata Samuh Jamul Through President Anuradha Sharma W/o Shri Sanjay Sharma, Aged About 45 Years, R/o Jamul Bhilai District-Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Woman And Child Development Department Mahanadi Bhawan, New Raipur, Atal Nagar, District Raipur, Chhattisgarh 2 - The Collector Durg, District Durg (C.G.) 3 - The Food Controller Officer Of Collector (Food Office) District Durg (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- M. Avinash Chand Sahu, Advocate For State :- Mr. Abhyuday Tripathi, P.L. ----------------------------------------------------------------------------------------------- SB-Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 17.08.2026 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 1. Following reliefs have been prayed in this petition:- “10.1 The Hon'ble court may kindly be pleased to quash the order dated 31.08.2023 issued by respondent no. 1 (ANNEXURE P/1) in the ends of justice. 10.2 Any other relief, which this Hon'ble Court deems fit and proper be awarded in favor of the petitioner, including cost.” 2. Learned counsel for the petitioner submits that the impugned order dated 31.08.2023, served upon the petitioner on 05.09.2023, whereby the petitioner’s licence to operate the Government Fair Price Shop at Jamul has been suspended and the shop has been merged with another Fair Price Shop, is illegal and unsustainable. It is submitted that although notice dated 31.08.2023 required the petitioner to submit his reply by 15.09.2023, the authority proceeded to pass the punishment order even before expiry of the time granted for filing the reply, thereby violating the principles of natural justice and denying the petitioner a reasonable opportunity of hearing. It is further submitted that the proceedings were conducted without following the prescribed procedure under the Public Distribution System Rules and the Essential Commodities Act, and the impugned order has consequently been passed in violation of the applicable statutory provisions. 3. Learned State counsel, while opposing the petition, submits that the impugned order has been passed by the competent authority in 3 accordance with the applicable statutory provisions governing the operation of Government Fair Price Shops. It is contended that the petitioner was proceeded against on the basis of the material and circumstances available on record and that no interference is warranted in exercise of the extraordinary writ jurisdiction. 4. Heard learned counsel for the parties and perused the material available on record. 5. Having regard to the provisions of the Chhattisgarh Public Distribution System (Control) Order, 2016, it is apparent that a statutory remedy is available to the petitioner as well as the competent authorities are empowered to initiate proceedings in accordance with law. In view thereof, the petitioner is directed to avail the aforesaid statutory remedy before the competent authority. 6. Since the petitioner had approached this Court and has obtained interim protection in respect of suspension of her licence, the petitioner is granted liberty to approach the competent authority within 10 days from today. The petitioner shall appear before the competent SDO (Revenue)- cum-Prescribed Authority on 01.09.2026 and file an appropriate application along with all relevant documents. The competent authority shall initiate proceedings under the Control Order, 2016 and decide the matter by passing a reasoned and speaking order, after affording due opportunity of hearing to the petitioner, preferably within 30 days from the date of appearance. 4 7. Till the competent authority takes a decision, the interim protection granted by this Court in respect of suspension of the petitioner’s licence shall continue for a period of 30 days from the date of appearance. 8. With the aforesaid directions, the writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha