High Court of Chhattisgarh disposed of a writ appeal by holding that an order of suspension of a fair price shop was superseded by a subsequent cancellation order, rendering adjudication academic.
The writ appeal is disposed of with liberty to challenge the cancellation order before the appropriate forum.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 527 of 2022
---- Appellant
Versus
1. State Of Chhattisgarh Through The Collector, Kabirdham, Department Of Food District Kabirdham Chhattisgarh
2. The Chief Executive Officer Janpad Panchayat Kawardha, District : Kawardha (Kabirdham), Chhattisgarh
3. The Sub Divisional Officer (Revenue) Kawardha, District : Kawardha (Kabirdham), Chhattisgar
---Respondents
For Appellant : Shri Sudhir Verma, Advocate For Respondents/State : Shri HS Ahluwalia, Dy. Advocate General
Hon'ble Justice Shri Goutam Bhaduri
Hon'ble Justice Shri N.K. Chandravanshi
Order On Board
Per Goutam Bhaduri, J
06.12.2022
1. This writ appeal is preferred against order dated 20.6.2022 passed by learned Single Judge in WPC No.2319 of 2022, which was preferred against suspension order of fair price shop.
2. Before counsel for the appellant opens his argument, learned counsel for the State would submit that as of now cancellation order in respect of allotment of fair price shop has been passed and copy of the same is given to learned counsel for the appellant.
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3. Learned counsel for the appellant would submit that at this moment he has come to know that cancellation order has been passed.
4. Considering the submission of learned counsel for the appellant, we deem it proper that no purpose would be served by keeping the appeal pending as much as now the substance of the matter was suspension which has been superseded by the order of cancellation of allotment of fair price shop. So any order in this appeal would be only an academic one.
5. Taking into consideration the changed circumstances and development which took place in between, we do not wish to adjudicate upon the legality of the suspension order which has been superseded by cancellation order.
6. The appellant is at liberty to challenge the cancellation order before appropriate forum, if so advised.
7. With aforesaid liberty, the writ appeal is disposed of.
Sd/Sd/- (Goutam Bhaduri) (NK Chandravanshi)
Judge Judge
Bini
Nav Durga Ma. Mahila Swa Sahayta Samuh Kutkipara Block - Kawardha, Tahsil Kawardha, District Kabirdham Chhattisgarh Through Its President Kumari Sen
State Of Chhattisgarh Through The Collector, Kabirdham
The Chief Executive Officer Janpad Panchayat Kawardha
The Sub Divisional Officer (Revenue) Kawardha
Goutam Bhaduri
N.K. Chandravanshi
As recorded by the court registry
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