1 2026:CGHC:16812 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3238 of 2021 1 - Van Adhikar Evam Suraksha Samiti Losangi Through Its President Ramkaran Singh, S/o Late Shri Jagatram Singh, Age - 55, R/o Village - Losangi, Block - Losangi, Post- Lakhanpur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh. 2 - The Collector District- Surguja, Chhattisgarh. 3 - The Sub-Divisional Officer (R) Udaypur, Tehsil - Lakhanpur, District- Surguja, Chhattisgarh. 4 - Amar Ujala Khadya Suraksha Poshan Evam Upbhokta Seva Sahkari Samiti Maryadit Gram Panchayat Losangi, Block - Lakhanpur, Tehsil - Lakhanpur, District - Surguja, Chhattisgarh. ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Sushil Dubey, Advocate. For Respondent(s)/State : Mr. Ashutosh Shukla, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/04/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 It is therefore prayed that, this Hon'ble Court may kindly be pleased to call for the entire records of the instant case. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to set aside/quashed the impugned order dated 24.07.2021 issued by the Respondent No. 3 SDO (R) Udaypur Tehsil Lakhanpur, District- Surguja, Chhattisgarh. 10.3 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioners.” 2. Brief facts of the case, is that, the Petitioner Society, through its President and Secretary, has been operating a Fair Price Shop in Gram Panchayat Losangi, having been duly constituted on 04.07.2014. Thereafter, on 20.08.2014, the Gram Panchayat 3 Losangi passed a resolution and recommended the name of the Petitioner Society for allotment of the Fair Price Shop in Village Losangi. Pursuant thereto, the Respondent Sub-Divisional Officer (Revenue), Ambikapur, vide order dated 10.09.2014, formally allotted the Fair Price Shop to the Petitioner Society, which has since been running the same continuously till date. Subsequently, in a meeting held on 19.09.2020, the Gram Panchayat Losangi assessed the performance of the Petitioner Society and found it to be satisfactory, and accordingly passed a resolution recommending continuation of the Petitioner Society for running the Government Fair Price Shop in Village Losangi, Block Lakhanpur, District Surguja, Chhattisgarh, with a copy of the minutes annexed as Annexure P/5; that again on 10.11.2020, in the presence of the Sarpanch, Up-Sarpanch, and other members, the Gram Panchayat reiterated its satisfaction with the performance of the Petitioner Society and passed a further resolution along with a panchnama of villagers supporting continuation of the Society, thereby effectively extending the period of allotment, and copies thereof are annexed as Annexure P/6 (collectively); that, however, despite the aforesaid resolutions and recommendations, the Respondent SDO (Revenue), Udaypur, vide the impugned order dated 24.07.2021, proceeded to allot the Fair Price Shop in favour of Respondent No. 4, namely Amar Ujala Khadya Suraksha Poshan Evam Upbhokta Seva Sahkari Samiti Maryadit, Gram Panchayat Losangi, Block 4 Udaypur, without cancelling the existing allotment in favour of the Petitioner Society, and such action is in clear violation of the principles of natural justice as well as contrary to the applicable rules and regulations governing allotment and cancellation of Government Fair Price Shops, rendering the impugned order illegal, arbitrary, unsustainable in law, and liable to be set aside/quashed. 3. Learned counsel appearing on behalf of the State submits that the petitioner has directly approached this Court without first availing the efficacious alternative remedy available under law, as provided under Rule 16 of the Chhattisgarh Public Distribution System (Control) Order, 2016, and therefore, the present petition is not maintainable in the eyes of law. It is further contended that the statutory mechanism prescribed under the aforesaid provision ought to have been duly exhausted prior to invoking the writ jurisdiction of this Court. 4. At this stage, learned counsel for the petitioner submits that the petitioner continues to operate the Fair Price Shop pursuant to the order dated 10.09.2014, which has been duly approved by the Collector. It is further contended that, in view of such approval, the petitioner has directly approached this forum. Additionally, it is submitted that, even otherwise, in matters of this nature, no order is ordinarily passed by the Collector in the first instance; rather, the competent authority to conduct the initial enquiry is the Sub- Divisional Officer (SDO), and thereafter, the petitioner is required 5 to avail the appropriate remedy before the concerned higher authorities in accordance with law. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, and further taking into account that the primary jurisdiction to adjudicate the matter vests with the concerned Sub-Divisional Officer (Revenue), this Court, without entering into the merits of the case, deems it appropriate to direct the petitioner to approach the said authority. Accordingly, the petitioner is directed to appear before the competent SDO (Revenue), who is empowered under Rule 16 of the Chhattisgarh Public Distribution System (Control) Order, 2016 to consider and decide the matter, within a period of 25 days from the date of receipt of copy of this order. The concerned SDO (Revenue) shall thereafter examine the petitioner’s case in accordance with law, duly consider the documents placed on record, and pass a reasoned and speaking order after affording the petitioner a full and effective opportunity of hearing, within a further period of 60 days. 7. However, until the final decision of the case is rendered by the competent authority, the Fair Price Shop presently being operated by the petitioner shall not be disturbed, and the petitioner shall be permitted to continue its operations without any interference from the respondents, subject to compliance with the applicable rules and conditions. 6 8. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat