Ganga Mahila Swa Sahayata Samuh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2642 of 2020

1. Ganga Mahila Swa Sahayata Samuh Khemda, Tahsil Malkharouda, District Janjgir Champa Chhattisgarh. Through Its President, Smt. Hemlata Sahu, W/o Shri Parmanand Sahu, Aged About 43 Years, R/o Village Khemda, Police Station Dabhara, Tahsil Malkharouda, District Janjgir Champa Chhattisgarh.

2. Smt. Hemlata Sahu W/o Shri Parmanand Sahu, Aged About 43 Years President Of Ganga Mahila Swa Sahayata Samuh Khemda, Tahsil Malkharouda, District Janjgir Champa (Chhattisgarh) R/o Village Khemda, Police Station Dabhara, Tahsil Malkharouda, District Janjgir Champa Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supplies, Mantralaya, Mahanadi Bhawan, Raipur Chhattisgarh,

2. The Collector, Janjgir Champa Chhattisgarh.

3. The Sub Divisional Officer ( R) Sakti, District Janjgir Champa Chhattisgarh.

4. Gram Panchayat Khemda, Tahsil Malkharouda, District Janjgir Champa Chhattisgarh. Through The Secretary, Gram Panchayat Khemda, Tahsil Malkharouda, District Janjgir Champa Chhattisgarh. ---- Respondents For Petitioner :

Shri Yogesh Chandra, Advocate For State :

Ms. Sunita Jain, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 18.11.2020 Heard

1. Learned counsel for the petitioner would submit that allotment of fair price shop of Ganga Mahila Swa Sahayata Samuh,Khemda after suspension was directed to be attached with Gram Panchayat Khemda by order dated 11.08.2020. Against such order the petitioner preferred an appeal under Public Distribution Control Order, 2016 before the Collector Jangir- Champa.

It is further submitted that the Collector though admitted the appeal for hearing, however while hearing the appeal on application of stay of order dated 11.08.2020, the application was dismissed by order dated 18.09.2020 (Annexure P-1). He further submits that therefore the Collector may be directed to decide the appeal preferred by the petitioner within a reasonable time.

2. Perused the documents.

3. Considering the facts, without any observation on the merits since appeal has already been preferred which is admitted for hearing, it is directed that Collector shall decide the said appeal within a outer limit of 3 months from the date of receipt of a copy of this order.

4. Learned counsel for the petitioner also pressed on the application for grant of stay but since the appeal is already pending which involves appreciation of facts, I am not inclined to stay the order dated 18.09.2020, since the direction has already been issued to decide the appeal within reasonable time.

5.

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