High Court Of ChhattisgarhWPC/428/2017disposed off

Prathmik Sahkari Upbhokta Bhandar v. State Of Chhattisgarh

2017-02-23Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 428 of 2017 • Prathmik Sahkari Upbhokta Bhandar ( Government Fair Price Shop), I. D. No. 431004066, Ward No. 23, Shardapara, District Durg, Through: President Jay Kumar Gupta, S/o Late Jag Lal, Aged About 70 Years, R/o Ward No. 21, Pragati Nagar, Camp-1, Jalebi Chowk, Durg, Distirct Durg (Chhattsigarh) ---- Petitioner

Versus

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

2. Food Controller, Durg, District Durg, (Chhattsigarh) ---- Respondent For Petitioner Mr. Uttam Pandey, Advocate For Respondent /State Mr. UNS Deo, Government Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 23/2/2017

1. Heard.

2. In this petition, the petitioner, who is an allottee of Fair Price Shop in Durg District, have called in question the order of suspension of the allotment of Fair Price Shop by Food Controller, Durg.

3. Considering the nature of allegations, wherein, the petitioner has 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, this writ petition is disposed of with direction that the competent authority shall issue show cause notice to the petitioner 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 petitioner, as the case may be, in accordance with law.

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

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