Luxmi Women Self Help Group Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Luxmi Women Self Help Group Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of at motion stage; liberty granted to the petitioner to prefer a duly constituted appeal before the concerned Collector within 30 days alongwith an application for grant of stay; the authority directed to decide the appeal within a further period of 90 days strictly in accordance with law; interim order dated 23.02.2021 to continue for the said period.

Issue for consideration

Whether the writ petition is maintainable when an efficacious alternative remedy of appeal under Clause 18 of the PDS (Control) Order, 2016 is available to the petitioner. +1 more

Court's answer

In view of the efficacious alternative remedy available to the petitioner, the Court was not inclined to keep the matter pending and disposed of the writ petition at motion stage.

Ratio / Principle

The petitioner was granted liberty to prefer a duly constituted appeal before the concerned Collector within a period of 30 days from the date of the order, alongwith an application for grant of stay.

Key takeaways

The authority concerned was directed to decide the appeal within a further period of 90 days strictly in accordance with law.ratio¶¶28
The interim order passed in favour of the petitioner on 23.02.2021 shall continue for the said period.ratio¶¶30

Detailed headnote1 paragraphs

Chhattisgarh High Court, Bilaspur — WPC No. 1017 of 2021 — Fair price shop — Petitioner, a women's self help group, challenged the order dated 23.01.2021 (Annexure P/1) of the Sub-Divisional Officer (Revenue), Sitapur suspending the fair price shop allotted to it, and the advertisement dated 23.1.2021 (Annexure P/2) issued by respondent No. 3, contending that no inquiry was conducted and no opportunity of hearing was afforded. The State submitted that the order of the Sub-Divisional Officer (Revenue), Sitapur was appealable under Clause 18 of the PDS (Control) Order, 2016 and that the petition was not maintainable. Held: taking into consideration that an efficacious alternative remedy was available to the petitioner, the Court disposed of the petition at motion stage; the petitioner was granted liberty to prefer a duly constituted appeal before the concerned Collector within 30 days alongwith an application for grant of stay, and the authority was directed to decide it within a further period of 90 days strictly in accordance with law; the interim order dated 23.02.2021 in favour of the petitioner was ordered to continue for the said period.

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Digitally signed by RAMESH KUMAR VATTI Date: 2025.08.05 10:51:14 +0530

2025:CGHC:36905

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 1017 of 2021

*** -** Luxmi Women Self Help Group Kuniya Through President Smt. Heerawati W/o Prakash Aged Abojut 28 Years President Of Luxmi Women Self Help Group Kuniya Block Mainpat, District Surguja Chhattisgarh, R/o Village Kuniya Block Mainpat, District : Surguja (Ambikapur), 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) Surguja, District : Surguja (Ambikapur), Chhattisgarh

3 - The Sub Divisional Officer (Revenue) Sitapur, District : Surguja (Ambikapur), Chhattisgarh

4 - The Food Inspector Mainpat, District : Surguja (Ambikapur), Chhattisgarh

5 - President Of Women Self Help Group Kudaridih Block Mainpat, District : Surguja (Ambikapur), Chhattisgarh

		... Respondents
For Petitioner	:	Mr. Shubham Tiwari, Advocate holding the brief of Mr. A.N. Pandey, Advocate
For Respondents/State	:	Mr. Pramod Shrivastava, DeputyGovernment Advocate

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

29/07/2025

The petitioner has filed this petition seeking the following relief(s):-

“ 10.1 That, this Hon'ble court may kindly be pleased to set aside of impugned order dated 23.1.2021 ANNEXURE P/1 issued by the respondent No. 3 and allow the petitioner to continue for running of fair price shop of Village- Kuniya, Block Mainpat, District Surguja (C.G.).

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10.2 That, this Hon’ble court may kindly be pleased to set aside of impugned advertisement dated 23.1.2021 issued by respondent no. 3 ANNEXURE P/2.

10.3 That, this Hon’ble Court may kindly be pleased to called the entire record in the entire proceeding of cancellation of fair price shop of petitioner.

10.4 Any other relief of 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.”

Learned counsel for the petitioner would submit that the order was passed by the Sub-Divisional Officer (Revenue) Sitapur, DistrictSurguja, Chhattisgarh whereby fair price shop allotted to the petitioner was suspended. He would contend that no inquiry was conducted and no opportunity of hearing was afforded. He would pray to quash the order dated 23.01.2021 passed by respondent No. 3.

On the other hand, learned counsel for the State would submit that the order passed by the Sub-Divisional Officer (Revenue) Sitapur, District Surguja is appealable one according to Clause 18 of the PDS (Control) Order, 2016, therefore, the petition is not maintainable.

I have heard learned counsel for the parties.

Taking into consideration the fact that there is efficacious alternative remedy available to the petitioner, I am not inclined to keep this matter pending. Consequently, the petition is disposed of at motion stage. However, the petitioner would be at liberty to prefer a duly constituted appeal before the concerned Collector within a period of 30 days from today alongwith an application for grant of stay and the authority

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concerned is directed to decide it further period of 90 days strictly in accordance with law.

As interim order was passed in favour of the petitioner on 23.02.2021,

it shall continue for said period.

Sd/-

(Rakesh Mohan Pandey) Judge

vatti