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High Court Of ChhattisgarhWPC/393/2017disposed off

Nutan Prathmik Sahkari Upbhokta Bhandar v. State Of Chhattisgarh

2017-02-22Hon'Ble Shri Justice Prashant Kumar Mishra4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 393 of 2017 • Nutan Prathmik Sahkari Upbhokta Bhandar (Government Fair Price Shop), I. D. No. 431004064, Ward No. 22, Sundar Nagar, Bhilai, Through : President Dashrath Yadav S/o Late Shyam Sundar Yadav, Aged About 55 Years, R/o. Camp- 1 Ward No. 21, Bhilai, District Durg (Chhattisgarh)

Versus

1. State Of Chhattisgarh Through Collector Durg, District Durg (Chhattisgarh)

2. Food Controller, Durg, District- Durg, Chhattisgarh WPC No. 395 Of 2017 • Laxmi Prathmik Sahkari Upbhokta Bhandar (Government Fair Price Shop), I. D. No. 431004184, Ward No. 25, Ravidas Nagar, Camp- 2, Bhilai, Through : President Vinod Kumar Agrawal S/o Late Roshan Lal Agrawal, Aged About 38 Years, R/o. Camp-2, J. P. Nagar, Ward No. 21, Bhilai, District Durg (Chhattisgarh)

1. State Of Chhattisgarh Through Collector, Durg District Durg (Chhattisgarh)

2. Food Controller, Durg, District Durg Chhattisgarh. WPC No. 397 Of 2017 • Jai Maa Vaishnav Devi Mahila Swa Sahayata Samooh ( Government Fair Price Shop) I.D. No. 431004056, Through: President Anita Jai Wife Of Mahendra Jain, Aged About 58 Years, R/o Camp-1, Jalebi Chowk, Bhilai, District Durg,

1. State Of Chhattisgarh Through: Collector, Durg, District Durg,

2. Food Controller, Durg, District Durg, Chhattisgarh WPC No. 398 Of 2017 • B.S.P. Karmachari Upbhokta Bhandar Maryadit (Government Fair Price Shop), I.D. No. 431004074, Ward No. 25, Ravidas Nagar, Circular Market, Camp Durg, Bhilai, District Durg, Through: President Ramlakhan, Prajapati, Aged About 66 Years, Son Of Late Sunder Lal Prajapati, R/o C-2, J.P. Nagar Ward No. 21, Bhilai, District Durg, Chhattisgarh

1. State Of Chhattisgarh Through: Collector, Durg, District Durg,

2. Food Controller, Durg, District Durg, Chhattisgarh WPC No. 399 Of 2017 • Manas Prathmik Sahkari Upbhokta Bhandar (Government Fair Price Shop) I.D. No. 431004068, Ward No. 23, Shardapara, District Durg, Through: President Devi Lal Sahu, S/o Late Nanakoo Ram Sahu, Aged About 44 Years , R/o Camp-1. J.K. Nagar, Ward No. 21, Bhilai, District Durg, Chhattisgarh

1. State Of Chhattisgarh Through: Collector, Durg, District Durg,

2. Food Controller, Durg, District Durg, Chhattisgarh

WPC No. 400 Of 2017 • Prathmik Sahkari Upbhokta Bhandar Maryadit (Government Fair Price Shop) I.D. No.431004004 Through: President Roshan Sao Son Of Ishwar Sao, Aged About 25 Years, R/o 89/11, Nehru Nagar ( East) Bhilai, District Durg, Chhattisgarh

1. State Of Chhattisgarh Through: Collector, Durg, District Durg,

2. Food Controller, Durg, District Durg, Chhattisgarh For Petitioners Mr. Uttam Pandey, Advocate For Respondent /State Mr. Arun Sao, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 22/2/2017

1. Heard.

2. In the present batch of writ petitions, the petitioners, who are allottees of Fair Price Shops in Durg District, have called in question the order of suspension of the allotment of Fair Price Shops by Food Controller, Durg.

3. Considering the nature of allegations, wherein, the petitioners have allegedly distributed food grains and other essential commodities to bogus card holders, no interference with the order of suspension can be made at this stage.

4. However, considering the fact that suspension is only a temporary measure till the final order is passed by the competent authority, these writ petitions are disposed of with direction that the competent authority shall issue show cause notices to all the petitioners for initiating action under clause 16 of the Chhattisgarh Public Distribution System (Control) Order, 2004 and upon submission of reply, the competent authority shall pass final order either to cancel the allotment or to continue the petitioners, as the case may be, in accordance with law.

5. If the petitioners so desire, the competent authority may also provide opportunity of personal hearing to the petitioners.

6. Learned counsel for the State shall inform the competent authority accordingly.

7. Let the entire proceedings be completed, at the earliest, preferably within a period of 03 months from today.

8. Certified copy as per rules. Sd/- Judge (Prashant Kumar Mishra) Shyna