Jai Maa Laxmi Swa Sahayata Samuh Ghotiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 970 of 2021 • Jai Maa Laxmi Swa Sahayata Samuh Ghotiya Through Its President, Smt. Saroj Bai Barle, Aged About 38 Years, W/o Jagmohan Barle, R/o Village Ghotiya, Tahsil Kawardha, District Kabirdham (Chhattisgarh), ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Food And Civil Supplies Corporation Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh)

2. District Collector District- Kabirdham (Chhattisgarh)

3. Sub Divisional Officer Kawardha, District Kabirdham (Chhattisgarh) ---- Respondents For Petitioner :

Ms. Diksha Gouraha, Advocate For State :

Mr. Aditya Tiwari, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 22/02/20

1. Heard.

2. Learned counsel for the petitioner submits that the petitioner's fair price shop was suspended by order dated 30.12.2020 and since the petitioner is a society registered under the Society Registrikaran Adhiniyam, as such as per Clause 4 of Order 16 of Chhattisgarh Public Distribution System (Control) Order, 2016 [henceforth 'Control Order 2016'], the SDO after inspection was duty bound to

communicate the same to the Deputy Registrar/ Assistant Registrar, however it is not being done, therefore the order is illegal.

3. Be that as it may, order 18 of the Control Order 2016 provides for an appeal. Considering the facts of this case, the petitioner may avail the alternative remedy by preferring an appeal under Order 18 of the Control Order 2016 within 30 days from today before the Collector and if such appeal is filed, the Collector shall decide it in accordance with law.

4. With such direction/ observation, the writ petition stands disposed off.

Sd/-/- Goutam Bhaduri Judge Vishakha