Laxmi Mahila Swa Sahayta Samuh v. The Collector

-1HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2676 of 2020 Laxmi Mahila Swa Sahayta Samuh Baijalpur, Tahsil Lormi, District Mungeli Chhattisgarh, Through Its President Fuleshwari Wife Of Raghuwar, Aged About 35 Years, R/o. Village Baijalpur, Post Daukapa, Tahsil Lormi, District Mungeli Chhattisgarh.

---- Petitioner

Versus

1. The Collector Mungeli, District Mungeli Chhattisgarh.

2. The Sub Divisional Officer (Revenue) Lormi, District Mungeli Chhattisgarh.

3. Maa Bamleshwari Mahila Swa Sahayta Samuh Baghmar, Post Daukapa, Tahsil Lormi, District Mungeli Chhattisgarh. Through Its President Santara Bai Wife Of Mani Ram Tandon, Aged About 34 Years, R/o. Village Baghmar, Post Daukapa, Tahsil Lormi, District Mungeli Chhattisgarh.

4. Parmshwar S/o. Kundan, Aged About 40 Years, R/o. Village Baijalpur, Post Daukapa, Tahsil Lormi, District Mungeli Chhattisgarh. ---- Respondents For Petitioner :

Mr. Pushpendra Kumar Patel, Advocate.

For State :

Ms. Sunita Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 19.11.2020 Heard

1. The contention of the petitioner is that the petitioner was served with a show cause notice that he has charged 60 paise excess for distribution of half liter of kerosene by Annexure P-3. The petitioner replied to it by Annexure P-2 wherein it is stated that since the price of kerosene is Rs. 28.80, the change currency in coin is not been tendered by the beneficiaries, therefore, because of difficulty in getting the changed currency coin, the amount is adjusted in the subsequent distribution or it is less charged. However, despite valid explanation, the allotment of fair price shop to the petitioner was suspended by S.D.O. Lormi on 20.10.2020 by Annexure P-4. Against such order, the petitioner preferred an appeal

-2under the Chhattisgarh Public Distribution System (Control) Order, 2016 before the Collector. The Collector while hearing the interim application on 27.10.2020 dismissed the same and the instant petition is against the dismissal of interim application.

2. Perusal of the documents filed along with the petition shows that already the appeal has been preferred under Rule 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016. Since the appeal is already pending and it requires the appreciation of facts, consequently instead of keeping the petition pending, it would be appropriate to give direction to the Collector to decide the appeal within a reasonable time and accordingly it is ordered. The Collector is directed to decide the appeal filed by the petitioner within an outer limit of two months from the date of receipt of a copy of this order.

3. With the aforesaid observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Aks