High Court Of ChhattisgarhWPC/2909/2021disposed off

Mahamaya Swa Sahayata Samuh Karanji v. State Of Chhattisgarh

2021-07-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2909 of 2021 • Mahamaya Swa Sahayata Samuh Karanji Tahsil And District Surajpur Chhattisgarh Through Its Secretary, Smt. Sunita W/o Rajkumar, Aged About 34 Years R/o Village And Post Karanji, Tahsil And District Surajpur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Principal Secretary, Food And Public Distribution Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur District Raipur Chhattisgarh

2. The Sub Divisional Officer (Revenue) Surajpur District Surajpur Chhattisgarh

3. The Food Inspector Surajpur District Surajpur Chhattisgarh ---- Respondents ---------------------------------------------------------------------------------------------------------------- For Petitioners :

Shri Rakesh Pandey, Advocate For Respondent/ State :

Shri Ashish Tiwari, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 20.07.2021 Heard

1. The grievance of the petitioner in the present writ petition is that the petitioner was running a fair price shop and the shop of the petitioner was suspended for the reason that certain bags were not deposited.

2. Learned counsel for the petitioner would submit that subsequently the petitioner have deposited the bags with the respondents way back in the month of December but despite the same having been done, the Food Inspector is not reporting it back to the SDO and as such the suspension is

continuing on the trivial issue.

3. Perused the documents.

4. Perusal of the order dated 19.11.2020 (Annexure P-1) and inter departmental communication which is addressed by the SDO to the Food inspector (Annexure P-4) dated 05.12.2020 which purports that 2504 bags, as said to be have been deposited and report for the same was called for as whether the same is authentic or not but it appears that the same is not been proceeded with consequently the suspension is continuing. In view of the background of the facts that on a trivial issue, only for non deposit of certain bags the fair price shop of the petitioner was suspended, it is directed that the SDO shall decide the issue within a further period of 30 days from the date of receipt of a coy of this order after giving opportunity of hearing to the petitioner in terms of Section 16 of Chhattisgarh Public Distribution System (Control) Order, 2016.

5. With the aforesaid observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) Jyoti Judge