1 2026:CGHC:16554 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1648 of 2026 Radha Bachat Sakh Samiti Ward No. 28, Church Road, Ambikapur, District Surguja (C.G.) Through Radha Devi @ Radha Gupta, President, Radha Bachatsakhsamiti, Ambikapur, District- Surguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food, Civil Supplies And Consumer Protection, Government Of Chhattisgarh, Indravati Bhawan, Atal Nagar (C.G.) 2 - Collector Ambikapur Surguja, District Surguja (C.G.). 3 - Food Officer Surguja, Chhattisgarh 4 - Akash Mahila Swayam Sahayata Samooh Through President Marine Drive, Ring Road, Sarvajanik Vitarankaryalaya, Ambikapur, District Surguja (C.G.) ... Respondent(s) For Petitioner(s) : Shri Anurag Singh, Advocate. For State/Res : Shri Abhishek Gupta, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 10/04/2026 1. The Writ Petition has been filed by the petitioner challenging the order dated 09.10.2025 (Annexure P/1) in Case No.62/B-121/2024-2025, whereby the Collector/Respondent No.2 has dismissed the appeal preferred by the petitioner. 2. The petitioner by way of the writ petition is seeking following reliefs:- AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.04.15 10:45:24 +0530 2 1] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/ to quashing order dated 09.10.2025 (Annex. P/1) Passed by Respondent no.2 in Case no. 62/B-121/2024-2025 and respondent no.2 may further be directed decide appeal preferred by petitioner within stipulated period of two months in the interest of justice. 2] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case. 3. Facts of the case in a nutshell are that the petitioner is a social and public welfare institution through which welfare activities are carried out among members of society. The said institution is a registered body, registered under the Chhattisgarh Municipal Corporation (Urban Poverty Alleviation) Rules and Registration of Societies Act and the provisions thereof. The registration was granted by the Municipal Corporation, Ambikapur, on 13.10.2008 and Registration No. S.H.G/A.M.B.- 00505 was issued. Presently the said institution has 10 active members, and by the members, the appellant Radha Gupta was duly appointed to the post of President of the institution. Therefore, Radha Devi is authorized for the operation of the institution's activities and other lawful functions. under the Public Distribution System Scheme of the Government of Chhattisgarh, Fair Price Shop No. 391001007, operated under the Municipal Corporation, Ambikapur, was allotted to the Shubh Mahila Swayam Sahayata Samuh by Order No. 1869/Khadya/PDS/2021 dated 24.12.2017 issued by the Food Department. As Shubh Mahila Swayam Sahayata Samuh expressed its inability to operate the said shop, therefore, by Order No. 53/Khadya-PDS/2022 dated 13.01.2022 issued by the competent authority, the said shop was, attached to appellant's Fair Price Shop ID No. 391001008. Since then, the said 3 institution has been regularly operating the Fair Price Shop. By Order dated 06.06.2025, the Food Officer directed that Fair Price Shop No. 391001007 be operated by the respondent institution No. 04 without assigning any valid reason. Hence appeal was preferred before the Collector, Surguja. The petitioner also filed application under section 5 of limitation act along with memo of appeal however respondent no.2 without deciding application under section 5 of limitation act has dismissed the appeal of petitioner. The Collector vide order dated 09.10.2025 dismissed the appeal without any valid reasons and therefore, this petition has been filed. 4. Learned counsel for the petitioner submits that vide order dated 13.01.2022, Fair Price Shop No.391001007 was attached to appellant’s fair price shop ID No.391001039. However, subsequently vide order dated 06.06.2025, order of suspension with regard to Fair Price Shop No.391001007 allotted to the appellant has been issued, against which, the appellant preferred an appeal being Case no. 62/B-121/2024-2025 before the Collector, District Surguja, however, the Collector, District Surguja dismissed the appeal by passing a cryptic order. The said order is neither a reasoned nor a speaking order. It does not speak anything about the irregularity or illegality which caused the need for issuance of such an order. As such, the impugned order may be quashed and this petition may be allowed. 5. Learned State counsel submits the impugned order looks somewhat ambiguous as such, necessary order may be passed by this Court. 6. In the case at hand, an order of suspension dated 06.06.2025 with regard to Fair Price Shop No.391001007 which was allotted to the appellant/petitioner herein was issued by the competent authority. Challenging the said order by way 4 of an appeal being Case no. 62/B-121/2024-2025 before the Collector, District Surguja, the petitioner got the impugned order dated 09.10.2025 by which their appeal has been dismissed. The relevant portion of the impugned order reads as under:- “02- अपीलार्थी के विद्वान अधिक्ता द्वारा प्रस्तुत प्रारंभिक तक का श्रण विकया गया। विचारोपरांत अपीलार्थी के पक्ष मे सुविा का संतुलन नहीं होने के कारण अपीलार्थी द्वारा प्रस्तुत अपील प्रर्थीम दृष्टया अग्राहय विकया जाता है।" 7. Upon reading the aforesaid portion of the impugned order, the same appears to this Court as a non speaking and non reasoned order as the same does not inspire confidence of this Court to appreciate the said order. 8. In such circumstances, this Court finds it very much appropriate to quash the impugned order dated 09.10.2025 (Annexure P/1) which is accordingly quashed and the concerned Collector is directed to pass appropriate order in this regard within a period of 2 weeks from the date of receipt of copy of this order, in accordance with law which shall be reasoned and speaking one after showing due diligence and after giving due opportunity of hearing to the petitioner. 9. With the aforesaid observation/direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash