High Court Of ChhattisgarhWPC/3900/2021disposed off

Adiwashi Women Self Help Group Chiniya v. State Of Chhattisgarh

2021-09-30Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3900 of 2021 Adiwashi Women Self Help Group Chiniya, Through President Smt. Sunita Singh, W/o. Shri Amavas Singh, Aged About 28 Years, President Of Adiwashi Women Self Help Group Chiniya/ Operator Of Govt. Fair Price Shop Chiniya, R/o. Village Chiniya, Block Ramchandarpur, District Balrampur-Ramanujganj Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh

2. The Collector (Food Department) Balrampur, District Balrampur Ramanujganj, Chhattisgarh

3. The Sub Divisional Officer (Revenue) Balrampur, District Balrampur Ramanujganj, Chhattisgarh.

4. The Food Inspector Ramanujganj, District Balrampur Ramanujganj, Chhattisgarh.

5. Govt. Faire Price Shop Gamhariya, Block Ramchandarpur, District Balrampur Ramanujganj, Chhattisgarh.

---- Respondents --------------------------------------------------------------------------------------------------------- For Petitioner :

Shri A.N. Pandey, Advocate For Respondents/ State :

Shri P. Acharya, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 30.09.2021 Heard

1. Learned counsel for the petitioner would submit that the petitioner fairprice shop was suspended on 04.09.2021 without any valid or sufficient reason and thereafter the case is not been decided till date. He further submits that neither the show cause notice was served before such order Annexure P-1 was issued nor any chance was given to file the reply. Therefore, the order dated 04.09.2021 is liable to be quashed.

2. Learned State counsel would submit that as per the instruction, the notice was issued to the petitioner and thereafter the suspension order has been passed.

3. Perusal of the documents shows that the issue is within the domain of SDO and as per Order 16 (3) of the C.G. Public Distribution System (Control) Order, 2016 the proceedings are required to be concluded within a period of 30 days. Considering the same, it is directed that the respondent No. 3 shall conclude the proceeding in accordance with law after giving opportunity of hearing to the petitioner within a period of 30 days from the date of receipt of a copy of this order. Till then status quo as exist today shall be maintained.

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