Chattisgarh High Court
Jai Maa Bhawani Khadya Suraksha Poshan … vs The State Of Chhattisgarh on 6 May, 2025
1
RAVI
SHANKAR
MANDAVI
Digitally signed by
2025:CGHC:20704
RAVI SHANKAR
MANDAVI
Date: 2025.05.12
19:50:44 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5491 of 2024
1 - Jai Maa Bhawani Khadya Suraksha Poshan Avam Upbhokta Sewa
Sahkari Samiti Maryadit Belgaon Belgaon, Post - Beltara, Block-Saja,
District - Bemetara, Chhattisgarh. Thourgh Its President -Shri Ramsnehi
Verma S/o Shri Paklu Verma, Age About 48 Years, R/o Village -
Belgaon, P.O. - Beltara, Tehsil - Thankhamariya, District - Bemetara,
Chhattisgarh.
... Petitioner
versus
1 - The State Of Chhattisgarh Through The Secretary, Food, Civil
Supplies And Consumer Protection Department, Mahanadi Bhawan,
Mantralaya, Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh.
2 - The Collector, Bemetara, District Bemetara, Chhattisgarh.
3 - The Sub Divisional Officer, Saja, District Bemetara, Chhattisgarh.
4 - Jai Bajrangbali Mahila Swa-Sahayata Samuh, Tedhi, Block-Saja,
District Bemetara, Chhattisgarh.
5 - Food Inspector, Saja, District - Bemetara, Chhattisgarh.
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner : Ms. Sharmila Singhai, Senior Advocate
assisted by Ms. Ishita Niyogi and Mr.
Kawaljeet Singh Saini, Advocate
For State/Respondent/s : Mr. Shreyansh Mehta, Panel Lawyer
Hon’ble Shri Justice Amitendra Kishore Prasad
2
Order on Board
06/05/2025
1. Heard Ms. Sharmila Singhai, Senior Advocate assisted by Ms.
Ishita Niyogi and Mr. Kawaljeet Singh Saini, learned counsel for
the petitioner as well as Mr. Shreyansh Mehta, learned Panel
Lawyer for the State/respondent/s.
2. Brief facts of this case is that the petitioner is a registered society
and the present petition is being filed through the President of
petitioner’s society. The petitioner’s society is a registered society
under the Chhattisgarh Cooperative Societies Act 1960. On
11/12/2020 the fair price shop of Village Belgaon was allotted in
the name of the petitioner as per Clause 16 (1) of Chhattisgarh
Public Distribution System (Control) Order, 2016 (for short Control
Order, 2016). The copy of allotment order of the society is filed
herewith as Annexure-P/3. It is submitted that since 2020, the
petitioner is running the fair price shop without any obstruction
and there was no complaint whatsoever till date against the
petitioner society. The petitioner taken aback when they received
the impugned order dated 31/07/2024 in which it is mentioned that
a report was submitted by the Food Inspector/respondent No.5
regarding the irregularities in the operation of the Fair Price Shop.
On the basis of the report of the Food Inspector, a showcause
notice dated 13/06/2024 was issued to the petitioner society and
the reply filed by the petitioner society was not found to be
3
satisfactory, therefore, after exercising the power under Clause 16
of Control Order 2016 the license of the Fair Price Shop of
petitioner’s society has been terminated and the said shop
attached to the respondent No.4 stating in the said notice that an
inspection was conducted by the Food Inspector, Saja/respondent
No.5 on 11/03/2024 in which it is mentioned that there are certain
irregularities in operation of the fair price shop and without giving
sufficient opportunity, only 3 days’ time was granted for filing the
reply. It is important here to mention that from perusal of the
show-cause notice that on 11/03/24 the Food Inspector has
inspected the shop whereas he prepared the inquiry report on
12/03/24 in which he has specifically stated that the Petitioner’s
society has infringed clause 9(16), 11(11),14 (1)(2) and 15 of order
of 2016 and a Panchnama has also been prepared at the time of
inspection, therefore the conduct of the petitioner’s society is
punishable under section 3/7 of Essential Commodities Act 1955.
After issuance of show-cause noticed dated 13/06/2024, the
appropriate Authorities have not decided the matter within one
month as per sub Clause 3 of 16 of Chhattisgarh Public
Distribution Scheme (Control) Order 2016. Further, though the
impugned order was passed on 31/07/2024 but it was served on
the petitioner’s society on 24/10/2024 therefore the order
impugned itself is bad in law as it has been issued after expiry of 1
month from the date of issuance of show-cause notice and also it
is not served on the petitioners society within time and only after
4
expiry of more than 3 months, the impugned order has been
served on the petitioner’s society and the Fair Price Shop has
been attached to Respondent No.4/Jai Bajrangbali Mahila Swa-
Sahayata Samuh Tedhi which is also contrary to the Order of
2016 as there is no provision for attachment in the said order.
Thereafter, the license of the petitioner society has been cancelled
as per Clause 16 of Control Order 2016 on 31/07/2024 whereas
as per sub-clause 3 of Clause 16 it is envisage that the
proceeding regarding cancellation or suspension of the
license/allotment for running the Fair Price Shop be decided within
3 months, but in the present case, in impugned order itself it is
mention that the Respondent No.3/Sub-Divisional Officer, Saja
has issued the show cause notice on 13/06/2024 and the
impugned order had been passed on 31/07/2024 which itself
shows that the respondent No.3 himself has not followed the
Control Order 2016 in its true spirit. As till date there were neither
any complaint made by the villagers of village Belgoan nor any
irregularities committed by the petitioner for running the Fair Price
Shop. In such circumstances the impugned order is arbitrary and
bad in law. Hence this petition.
3. Learned counsel for the respondent-State submits that the petition
itself is not maintainable. Suspension order has been challenged
wherein the SDO is prescribed authority, he is required to conduct
the enquiry under the Chhattisgarh Public Distribution System
(Control) Order, 2016.
5
4. I have heard learned counsel for the parties and also perused the
material available on record.
5. The challenge in the present writ petition is to the order of
respondent No.3/Sub-Divisional Officer (Revenue) Saja District :
Bemetara dated 31.07.2024 (Annexure P/1) whereby on some
allegations of shortcomings in the running of the Fair Price Shop
has been suspended and it has been ordered to be attached to
another society.
6. At the outset, this Court is of the opinion that the issue involved in
the present case is governed under the Chhattisgarh Public
Distribution System (Control) Order, 2016. As per Notification
No.F 9-27/Food/2008/29-1, dated the 23 rd January, 2017 and in
pursuance of the Chhattisgarh Food and Nutritional Security
Act, 2012 (No.5 of 2013) and in supersession of the Chhattisgarh
Public Distribution System (Control) Order 2004, the State
Government, issued order for maintaining supplies, distribution
and securing availability of essential commodity like food, grains,
etc. under the Targeted Public Distribution system. The relevant
paras 15, 16 & 18 is as under :
15. Compliance of instructions. – Fair Price
Shopkeeper shall comply with the instructions issued
by State Government, Director, Food, Civil Supplies
and Consumer Protection Department or the Collector,
from time to time.
16. Penalty.- (1) If the Shopkeeper contravenes any
provision of the agreement then he shall be liable for
suspension or cancellation by the officer authorized for
allotment of Fair Price Shop. The time limit for
6redressal of such cases shall not exceed three
months.
(2) During inspection of the shop, if any irregularity is
found, then without prejudice to any action the whole
or part of the amount deposited by shopkeeper as
security, shall be forfeited in favour of the State
Government.
(3) Before cancellation of authority letter of Fair Price
Shop or forfeiture of whole or part of security, Food
Controller or Food Officer of the district or Sub-
Divisional Officer of sub-division shall issue show
cause notice to Fair Price Shopkeeper and after giving
an appropriate opportunity of being heard shall decide
within a period of a month from issuance of show
cause notice.
18. Appeal. (1) Any person aggrieved by any order of
designated officer, denying the allotment of Fair Price
Shop, issue or renewal of a ration card or cancellation
of the ration card, may appeal to the
Collector/Additional Collector within a period of 30
days from the date of receipt of the order.
(2) Any person aggrieved by an order of the Collector
may appeal to the State Government within a period of
30 days of receipt of the order and its decision shall be
final.
(3) No such appeal shall be disposed off unless the
aggrieved person has been given a reasonable
opportunity of being heard.
(4) During the pendency of an appeal, the Appellate
Authority may direct that the order under appeal shall
not take into effect for such period as the authority may
consider necessary for giving a reasonable opportunity
to the other party under sub-rule (3) or until the appeal
is disposed off, whichever is earlier.
7. In view of there being an alternative remedy available to the
petitioner, the present writ petition in its present from would not be
maintainable.
8. The writ petition is accordingly disposed of directing the petitioner
to avail the remedy under Clause 18 of the Control Order, 2016
before the SDO(R) and the Collector. The petitioner is also at
7
liberty to move an interim application before the SDO(R) seeking
stay of the effect and operation of the impugned order dated
31.07.2024 (Annexure P/1).
9. It is further directed that in the event, if the petitioner approaches
the SDO(R) and the Collector by way of an appeal along with an
application for interim relief within a period of 15 days, it is
expected that the concerned authorities shall consider and decide
the interim application at the outer limit of 45 days.
10. With the aforesaid observation(s) and direction(s), the present
petition is disposed of.
Sd/-
(Amitendra Kishore Prasad)
Judge
Ravi Mandavi