High Court Of ChhattisgarhWPC/4009/2021disposed off

Jitan Poya v. State Of Chhattisgarh

2021-10-01Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4009 of 2021 • Jitan Poya S/o Shiv Singh Aged About 43 Years Sarpanch Of Village Panchayat Lurgikala/ Operator Of Govt. Fair Price Shop Lurgikala Village Panchayat Lurgikala Block Balrampur 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- Dhanwar Block Ramchandarpur, District Balrampur Ramanujganj Chhattisgarh ---- Respondents ---------------------------------------------------------------------------------------------------------------- For Petitioner :

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

Shri Ravi Bhagat, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 01.10.2021 Heard

1. Learned counsel for the petitioner would submit that show cause notice dated 28.08.2021 was issued to the petitioner and reply to the show cause notice was filed. He further submits that thereafter without giving opportunity of hearing to the petitioner and without considering the reply filed by the petitioner, the fair price shop being run by the petitioner was suspended on 10.09.2021 (Annexure P-1). It is submitted that suspension of the fair price

shop has been done on wrong grounds, therefore the same may be stayed.

2. Perused the documents.

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) Jyoti Judge