Rakhi Women Self Help Group Bhanwarmal v. State of Chhattisgarh

Chhattisgarh HC5 Sept 2024WPC/897/2021

Case brief

AI extract

What is this about?

Fair price shop cancellation; relegation to alternative remedy; Section 18 (2) Chhattisgarh Public Distribution System (Control) Order, 2016; appeal to State Government within 30 days; Collector (Food Department) Balrampur; SDO (Revenue) Ramanujganj; Revenue Appeal no./19/B-121/2019-20; Rakhi Women Self Help Group Bhanwarmal v. State of Chhattisgarh; Balrampur-Ramanujganj; WPC No. 897 of 2021; disposed of 06/09/2024; Deepak Kumar Tiwari, J.

What did the court decide?

No substantive relief on the impugned orders; writ petition disposed of with liberty to the petitioner to file an appeal before the concerned authority under Section 18 (2) of the Chhattisgarh Public Distribution System (Control) Order, 2016 within 2 weeks, such appeal to be decided strictly in accordance with law. ¶¶31

Rakhi Women Self Help Group Bhanwarmal Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition seeking to set aside the order dated 15.6.2020 (Annexure-P/1) issued by respondent no.3 and the order dated 9.12.2020 (Annexure-P/2) passed by respondent no.2 in Revenue Appeal no./19/B-121/2019-20, concerning cancellation of the petitioner's fair price shop, should be entertained by this Court. +1 more

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Court's answer

In view of the availability of the alternative remedy (appeal to the State Government under Section 18 (2) of the Chhattisgarh Public Distribution System (Control) Order, 2016), this Court is not inclined to entertain the writ petition.

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Ratio / Principle

The petitioner is at liberty to avail the alternative remedy; if the petitioner files an appeal before the concerned authority in terms of Section 18 (2) of the Chhattisgarh Public Distribution System (Control) Order, 2016 within a period of 2 weeks of this order, the same shall be decided strictly in accordance with law.

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Detailed headnote1 paragraphs

Writ Petition (WPC No. 897 of 2021) filed by Rakhi Women Self Help Group, Bhanwarmal, praying inter alia to set aside the order dated 15.6.2020 (Annexure-P/1) issued by respondent no.3 (SDO Revenue, Ramanujganj) and the appellate order dated 9.12.2020 (Annexure-P/2) passed by respondent no.2 (Collector, Food Department, Balrampur) in Revenue Appeal no./19/B-121/2019-20, and for an enquiry into the entire proceeding of cancellation of its fair price shop. Learned State Counsel submitted that the Collector's order is appealable under Section 18 (2) of the Chhattisgarh Public Distribution System (Control) Order, 2016, permitting any person aggrieved by an order of the Collector to appeal to the State Government within 30 days, whose decision is final; petitioner's counsel did not dispute this. Holding that in view of the available alternative remedy it was not inclined to entertain the writ petition, the Court disposed of it with liberty to file such appeal within 2 weeks, to be decided strictly in accordance with law. (Deepak Kumar Tiwari, J., 06/09/2024)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 897 of 2021

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1 - Rakhi Women Self Help Group Bhanwarmal Through President Smt. Amrita Gupta W/o Uttam Lal Gupta Aged About 40 Years, R/o Village Bhanwarmal Police Station And Tahsil Ramanujganj District Balrampur Ramanujganj Chhattisgarh.

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... Petitioner

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Versus

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

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

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

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4 - The Food Inspector Balrampur District Balrampur Ramanujganj Chhattisgarh.

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5 - President Anpurna Women Self Help Group Kamalpur Village Kamalpur Police Station And Tahsil Ramanujganj District Balrampur Ramanujganj Chhattisgarh.

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... Respondents

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For Petitioner : Shri AN Pandey, Advocate. For Respondent/ : Shri Rajeev Bharat, GA with Shri GL Uike, PL.

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State

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Hon'ble Shri Deepak Kumar Tiwari, J

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Digitally signed by KRISHNA KRISHNA KUMAR KUMAR BARVE BARVE Date: 2024.09.06 18:23:46 +0530

Order On Board

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06/09/2024 :

The petitioner has filed this petition and prayed for the following reliefs:-

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“10.1 That, this Hon’ble court may kindly be pleased to set aside of impugned order dated 15.6.2020 ANNEXURE-P/1 issued by the respondent no.3.

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10.2 That, this Hon’ble court may kindly be pleased to set aside of impugned order dated 9.12.2020 passed by respondent no.2 in Revenue Appeal no./19/B-121/2019-20 ANNEXURE P/2 .

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10.3 That, this Hon’ble Court may kindly be please to called the entire record in this case and hold an enquiry in the entire proceeding of cancellation of faire price shop of petitioner.

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10.4 Any other relief or reliefs may also be granted to the petitioner which this Hon’ble court deems fit and proper in the facts and circumstances of the case.”

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At the outset, learned State Counsel would submit that the impugned order (Annexure-P/2) passed by the Collector is appealable in view of the provisions contained under Section 18 (2) of the Chhattisgarh Public Distribution System (Control) Order, 2016, according to which, any person aggrieved by an order of the Collector may appeal to the State Government within a period of 30 days of receipt of the order and its decision shall be final.

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Learned counsel for the petitioner would also not dispute the aforesaid legal proposition.

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In view of the availability of the alternative remedy, this Court is not inclined to entertain this writ petition. However, the petitioner would be at liberty to avail the said alternative remedy. If the petitioner files an Appeal before the concerned authority in terms of Section 18 (2) of the

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Chhattisgarh Public Distribution System (Control) Order, 2016, within a period of 2 weeks of this order, the same shall be decided strictly in accordance with law.

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With the direction aforesaid, the writ petition is disposed of.

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Certified copy of the impugned order/s along with annexures be returned to learned counsel for the petitioner, as per Rules.

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Sd/(Deepak Kumar Tiwari) Judge

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Barve

Rakhi Women Self Help Group Bhanwarmal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rakhi Women Self Help Group Bhanwarmal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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