Aadim Jaati Sewa Sehkari Samiti Maryadit Amlipadar, v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3626 of 2021 Aadim Jaati Sewa Sehkari Samiti Maryadit Amlipadar, Through Its President Lakhanlal Nagash S/o Uday Nagesh Aged About 55 Years R/o Gram Amlipadar, Tehsil Mainpur, District Gariyaband Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Food, Supplies And Consumer, Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

2. Director Of Food Civil Supplies And Consumer Protection Block-2, 3rd Floor, Indrawati Bhawan, Capital Complex, Atal Nagar, New Raipur Chhattisgarh

3. The Collector (Food) District Gariyaband Chhattisgarh

4. The Commissioner Civil Supplies And Consumer Protection Department, Directorate Civil Supplies And Consumer Protection Block-2, 3rd Floor, Indrawati Bhawan, Capital Complex, New Raipur Chhattisgarh

5. Food Controller Gariyaband District Gariyaband Chhattisgarh ---- Respondents For Petitioner :

Shri Hari Agrawal, Advocate.

For State :

Shri Sudeep Agrawal, Dy.A.G. and Shri Aditya Bharadwaj, PL. Hon'ble Shri Justice Goutam Bhaduri Order on Board 08/09/2021 1.

Grievance of the petitioner is that the petitioner was alloted 11 fair price shops right from 1988 to 2020. The State Government by general notification dated 22/06/2020 (Annexure P-1) has passed an order whereby the capping into the number of fair price shops have been made applicable that certain group would not be entitled to run the fair price shop more than three. 2.

Learned counsel for the petitioner would submit that the petitioner is still running the fair price shop as on date and all of a sudden if the general direction dated 22/06/2020 is implemented then it would render the remaining employee of fair price shop as job less, therefore the petitioner may be given opportunity of hearing to put forth their case before the authority. He also refers to the judgement

passed by the coordinate bench of this court on 6/11/2019 in WPC No.3902/2019. He submits that in the similar circumstances the representation was ordered to be decided.

3.

Considering the judgement passed by the coordinate bench of this court in WPC No.3902/2019, the petitioner is given liberty to make a representation before the respondents No.1 and 4 within a period of 10 days. If such representation is filed, the same may be decided as expeditiously as possible. Till such representation is decided, if the petitioner is still running 11 fair price shop, the same may not be disturbed.

4.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) Judge gouri