Citation : 2025 Latest Caselaw 3081 Chatt
Judgement Date : 17 June, 2025
1
2025:CGHC:24879
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
SMT WPC No. 2871 of 2020
NIRMALA
RAO
1 - Smt. Indrakunwar W/o Shri Dharampal Aged About 29 Years President Of
Gulab Women Self Help Group Jaipur (B) / Operator Of Govt. Fair Price Shop
Jaipur (B) Block And Tahsil Lakhanpur District Surguja Chhattisgarh., District :
Surguja (Ambikapur), Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Food And
Civil Supply Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh.,
District : Raipur, Chhattisgarh
2 - The Collector (Food Depatment) Surguja District Surguja Chhattisgarh.,
District : Surguja (Ambikapur), Chhattisgarh
3 - The Sub Divisional Officer (Revenue) Udaipur, District Surguja
Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh
4 - The Food Inspector Lakhanpur, District Surguja Chhattisgarh., District :
Surguja (Ambikapur), Chhattisgarh.
... Respondent(s)
For Petitioner : Ms. Aakancha Vishwakarma, Advocate on behalf of Mr. A.N. Pandey, Advocate For State : Mr. Vedant Shadangi, P.L.
Hon'ble Shri Justice Rakesh Mohan Pandey Judgment On Board
17-06-2025
1) Heard on admission.
2) Learned counsel for the petitioner would submit that the order was
passed by the Sub - Divisional Officer (Revenue), Udaipur, District
Surguja whereby the fair price shop allotted to the petitioner was
suspended. He would contend that no inquiry was conducted and no
opportunity of hearing was afforded. He would pray to quash the order
dated 22.6.2020 (Annexure P/1) passed by respondent No. 3.
3) On the other hand, learned counsel for the State would submit that the
order passed by the Sub - Divisional Officer (Revenue), Udaipur,
District Surguja is appealable under Clause 18 of the the Chhattisgarh
Public Distribution System (Control) Order, 2016, therefore, the petition
is not maintainable.
4) Having heard learned counsel for the parties and perused the
documents present on record.
5) Taking into consideration the fact that there is an efficacious alternative
remedy available to the petitioner, I am not inclined to keep this matter
pending. Consequently, the petition is hereby dismissed. However, the
petitioner would be at liberty to prefer a duly constituted appeal before
the concerned Collector within a period of 30 days from today, along
with an application for the grant of stay. The authority concerned is
directed to decide the appeal within a period of 90 days, strictly in
accordance with law.
Sd/-
(Rakesh Mohan Pandey) JUDGE Nimmi
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