Gaytri Women Self Help Group Kewali v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 676 of 2021 Gaytri Women Self Help Group Kewali Through President Smt. Dhanpatiya W/o Dashrath Aged About - 55 Years, President of Gaytri Women Self Help Group - Kewali R/o Village - Panchyat - Kewali Block - Ramanujganj District - Balrampur - Ramanujganj Chhattisgarh.

--- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Department of Food and Civil Supply Mahanadi Bhawan New - Raipur District - Raipur Chhattisgarh.

2. The, Collector (Food Department) Balrampur District - Balrampur - Ramanujganj Chhattisgarh.

3. The, Sub - Divisional Officer (Revenue) Ramanujganj District - Balrampur - Ramanujganj Chhattisgarh.

4. The Food Inspector - Ramanujganj District - Balrampur - Ramanujganj Chhattisgarh. --- Respondents For the applicant :

Mr. A. N. Pandey, Advocate For the State :

Madam Sunita jain, Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .02.2021

1. The grievance of the petitioner is that its Fair Price Shop was suspended by order dated 15.06.2020 and according to Order 16 of the Chhattisgarh Public Distribution (Control) Order 2016 the proceeding of the like nature is required to be concluded within a period of 3 months.

2. Learned counsel for the petitioner submits that the respondents may be directed to to decide the case of the petitioner within a specified time.

3. Per contra, learned State Counsel opposes the arguments and submits that against the suspension of fair price shop,

the petitioner has filed an appeal before the Collector and the same is pending and the said fact has been suppressed.

4. Order 16 of Control Order, 2016 prescribes penalty. Subclauses (1)(2) & (3) of the Order 16 reads as under : "16. Penalty.-(1) If the shop keeper contraves any provisions of the agreement then he shall be liable for suspension or cancellation by the officer authorised for allotment of Fair Price Shop. The time limit for redressal 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."

5. Reading of the Control Order 2016 would show that against the cancellation, the appeal would lie and in respect of suspension, clause (1) of Order 16 would show that in case of suspension/cancellation of allotment of Fair Price Shop by the authorized officer, time limit for reddressal of grievance shall not exceed 3 months. Here in this case suspension was effected on 15.06.2020, therefore, considerable time has elapsed. Under the Circumstances, the SDO is directed to conclude the case of petitioner within a period of 30 days from the date of receipt of this order.

6. With the above direction/observation, this writ petition stands finally disposed of.

Sd/- GOUTAM BHADURI JUDGE R a o