Maa Karma Mahila Swa Sahayta Samooh Kudhurtal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2804 of 2018

1. Maa Karma Mahila Swa Sahayta Samooh Kudhurtal Through Its President Smt. Ramphool W/o Shri Gopal, Aged About 50 Years, R/o Village Kudhurtal, Thana And Tahsil Lormi, Civil And Revenue District Mungeli Chhattisgarh.

2. Smt. Jamuna Bai W/o Debram Aged About 45 Years Occupation - Secretary Maa Karma Mahila Swa Sahayta Samooh Kudhurtal, R/o Village - Kudhurtal, Thana And Tahsil Lormi, Civil And Revenue District Mungeli Chhattisgarh.

---- Petitioner

Versus

1. The State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mantralaya, Mahanadi Bhawan, Capital Complex New Raipur, District Raipur Chhattisgarh.

2. Additional Collector Mungeli, District Mungeli Chhattisgarh.

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

4. Homeshwari Mahila Swa Sahayta Samooh Kudhurtal Through Its President Smt. Tillotma W/o Swarath Lal Sahu, Aged About 51 Years, R/o Village Kudhurtal, Thana And Tahsil Lormi, Civil And Revenue District Mungeli Chhattisgarh.

---- Respondent For Petitioners Shri Sunil Sahu, Advocate For Respondent/State Shri Anand Dadariya, Govt. Adv.

For Respondent No.4 Shri Akhilesh Kumar, Advocate Order On Board By Prashant Kumar Mishra, J.

04/12/2018 1.

Bare perusal of the impugned order passed by the State Government functioning as Appellate Authority under the provisions of the Chhattisgarh Public Distribution System (Control) Order, 2004 would reveal that the same does not assign any reason as to why the petitioner's appeal deserves to be dismissed.

2.

It is settled law that an order without assigning reason is in violation of principles of natural justice, as the higher Court or Tribunal or Forum is not in a position to assess the correctness of the ground on which the appellate authority has not found the case worth interference.

3.

Only of this short ground petitioner's writ petition is allowed. The impugned order is set aside and the matter is remitted back to the appellate authority for passing a reasoned order on petitioner's appeal within a period of three months from today.

4.

Allowing the writ petition shall not be understood to be an order in favour of the present petitioner on merits. If the respondent No.4 is presently operating the Fair Price Shop (FPS), the same shall not be disturbed during pendency of the appeal before the appellate authority.

5.

No order as to costs.

Sd/- Judge Prashant Kumar Mishra Gowri