Self-Help Group, Ghorgadi Khas,Gram Panchayat-Aara v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1965 of 2021

1. Self-Help Group, Ghorgadi Khas,gram Panchayat-Aara Government Fair Shop, Gram Panchayat Ghorgadi, Tahsil Rajpur, District Balrampur Ramanujganj Chhattisgarh Through Its President Siblaram Ekka, S/o Late Mohan Uraon, Aged About 50 Years, R/o Village Ghorgadi, Tahsil Rajpur, District Balrampur Ramanujganj Chhattisgarh

2. Parmeshwar Yadav S/o Bechan Yadav Aged About 41 Years Salesman Government Fair Price Shop, Gram Panchayat Ghorgadi Khas, Tahsil Rajpur, District Balrampur Ramanujganj Chhattisgarh Managed By Self Help Group, Ghorgadi Khas, Tahsil Rajpur District Balrampur Ramanujganj Chhattisgarh ---- Petitioners

Versus

1. The State Of Chhattisgarh Through Secretary, Department Of Food And Civil Supplies, Mahanadi Bhavan, Naya Raipur Chhattisgarh

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

3. District Marketing Officer District Balrampur Ramanujganj Chhattisgarh

4. Food Inspector Rajpur District Balrampur Ramanujganj Chhattisgarh ---- Respondents For Petitioners :

Shri A.K. Prasad, Advocate For Respondents/State :

Ms. Sunita Jain, GA Hon'ble Shri Justice Goutam Bhaduri Order 06/04/20

1. Heard.

2. Learned counsel for the petitioners would submit that without any sufficient reason the order dated 10.02.2021 (Annexure P-1) has been passed under

Chhattisgarh Public Distribution System (Control) Order, 2016 (for short 'the Control Order 2016'). He would further submit that because of the fact that six fresh new ration cards were issued and their names were not registered thereby the goods could not be given to them. This issue led to some dispute and the notice was issued to the petitioner and thereafter order has been passed whereby the fair price shop has been attached with the another shop.

3. As per Order 16 (1) of the Control Order, 2016 if suspension of the like nature has been ordered for then the time limit for redressal of the case shall not exceed three months. Order 16 (1) of the Order, 2016 reads as under:-

16. Penalty :- (1) If shopkeeper contravenes any provision of agreement, then he shall be liable for suspension or cancellation by the officer authorized officer for allotment of Fair Price shop. The time limit for redressal of such cases shall not exceed three months.

4. Since the impugned order itself is issued on 10.02.2021, the SDO is directed to conclude the proceedings within a further period of two months from the date of receipt of this order in terms of the Order 16 (1) of the Control Order, 2016. It is further directed that till the proceeding before the SDO is concluded, the status quo, which exists today shall prevail.

5. With the aforesaid observation, the writ petition stands disposed of. SD/-Sd/- Goutam Bhaduri Judge Ashu