Mahila Swayam Sahayata Samuh, Tetardeeh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1667 of 2020 Mahila Swayam Sahayata Samuh, Tetardeeh Through The President Namely Sarita Devi W/o Shri Bipat Gupta, Aged About 38 Years, R/o Bhawanipur, Tetardeeh, Post Tatapani, Tahsil Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Food, Civil Supply And Consumer Protection Mantralaya, Mahanadi Bhawan Naya Raipur, Post Office Rakhi, District Raipur, Chhattisgarh

2. The Collector Balrampur, District Balrampur-Ramanujganj, Chhattisgarh

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

4. Food Inspector, Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh ---- Respondents For Petitioner :

Mr. V. K. Pandey, Advocate For State :

Mr. Raghvendra Verma, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 26.08.2020

1. The grievance of the petitioner in the present writ petition is that the petitioner has preferred an appeal under the Control Order to the Collector against cancellation of the fair price shop allotted to the petitioner. Along with appeal the petitioner has also preferred an

application for stay. However, the respondent no.2, the appellate authority, has till date neither decided the application for stay nor decided the appeal itself.

2. Counsel appearing for the State submits that the matter can be disposed of in terms of the order passed by this Court in WPC No. 1287 of 2020.

3. Considering the limited relief that the petitioner has sought for and the fact that the petitioner has already approached the appellate authority under the Control Order for an interim protection as well as for deciding their appeal on merits, this Court is of the opinion that ends of justice would meet if the writ petition is disposed of directing the respondent no.2, the appellate authority under the Control Order to either decide the application for stay or at least decide the appeal itself on merits at the earliest preferably within a period of 30 days. Meanwhile, it is ordered that the respondents shall not act upon the advertisement which has been issued for allotment of fair price shop in any other person so far as it relates to the present petitioner's fair price shop.

4. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai