Disposed¶31

Nari Shakti Sewa Mahila Mandal v. State of Chhattisgarh

Chhattisgarh HC13 Jul 2025WPC/779/2023

Case brief

AI extract

What is this about?

Fair Price Shop; rationalization policy/scheme; Rule 8(a) Chhattisgarh Public Distribution System (Control) Order 2016; advertisement dated 30.01.2023; Ward No. 47 Civil Lines North, Durg; shop No. 431001058; 500 ration cards threshold; APL/BPL ration cards; allotment not cancelled; Nari Shakti Sewa Mahila Mandal; Food Controller Durg; petition disposed of.

What did the court decide?

The allotment of the petitioner's Fair Price Shop has not been cancelled; instead, a new Fair Price Shop has been opened as per the rationalization scheme within the same ward because the petitioner's Fair Price Shop exceeds 500 ration cards. ¶30

Nari Shakti Sewa Mahila Mandal Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:32713

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 779 of 2023

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1 - Nari Shakti Sewa Mahila Mandal Through Its President Sita Mishra, W/o P.P. Mishra, Aged About 70 Years, R/o Road No. 5, Block 16-17, P Sector, Borsi, District Durg Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary, Department Of Food Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya Atal Nagar, District Raipur Chhattisgarh

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2 - The Director Of Food Civil Supplies And Consumer Protection, Block 2, 3rd Floor, Indrawati Bhawan, Mantralay Atal Nagar, District Raipur Chhattisgarh

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3 - The Collector (Food) Office Of The Collectorate, Durg District Durg Chhattisgarh

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4 - Food Controller Office Of The Collectorate Campus, Durg, District Durg Chhattisgarh

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... Respondent(s)

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Digitally signed by SUGUNA SUGUNA DUBEY DUBEY Date:2025.07.16 10:41:06 +0530 For Petitioner(s) : Shri Shayon Kar, Advocate For Respondent/State : Shri Satish Gupta, GA

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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14/07/2025

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Challenge of the petitioner in this petition is to the legality, validity and propriety of the advertisement dated 30.01.2023 (Annexure P/1) whereby the respondent No.4 has invited the applications for sanctioning a new fair price showing showing ward wise location in the advertisement. Being aggrieved by the said advertisement, the petitioner is seeking for the following reliefs:

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10.1. The Hon’ble Court may kindly be pleased to call for the entire records relating with the instant petition.

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10.2. The Hon’ble Court may kindly be pleased to quash the impugned advertisement dated 30.01.2023 (Annexure P/1).

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10.3. The Hon’ble Court may kindly be pleased to direct the respondents particularly the respondent No.4 to allow the petitioner’s society to continue their previous allotted shop without any hindrance.

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10.4. The Hon’ble Court may kindly be pleased to pass any other order/direction that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

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Contention of the counsel for the petitioner is that the fair price shop of the petitioner located at Civil Lines Ward as shop No. 431001058 and the respondent No.4 has issued advertisement dated 30.01.2023 Annexure P/1 without there being any prior notice or intimation to the petitioner’s society for cancellation of allotment of Fair

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Price Shop.

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Learned State counsel submits in the reply that the petitioner is challenging the impugned advertisement whereby the Fair Price Shop being run by the petitioner in the name of Nari Shakti Sewa Mahila Mandal within the limits of Municipal Corporation, Durg since the year 2005 at Ward No. 47 Civil Lines North has been cancelled. The petitioner’s society is having the APL Ration Cards (258) and BPL Ration Cards (691) and thus the total of 949 ration cards are attached with the petitioner’s Fair Price Shop. The respondent No.4 as per the rationalization policy, as per provisions of Rule 8(a) of Chhattisgarh Public Distribution System (Control) Order, 2016 has taken a decision for sanctioning the new Fair Price Shops within the limits of Municipal Corporation of which the ration card exceeds 500 of the Fair Price Shop and therefore without cancelling the allotment of Fair Price Shop of the petitioner has vide the impugned advertisement opened a new Fair Price Shop at Ward No. 47, Civil Lines, North having shop No. 431001058 and applications were invited and thus there is neither any illegality or arbitrariness in the same and the contention of the petitioner is denied that prior to issuance of the impugned advertisement the allotment of the fair price shop of the petitioner has not been cancelled. It is pertinent to mention here that the allotment of Fair Price Shop of the petitioner has not been cancelled in fact a new Fair Price Shop has been opened as per the rationalization scheme within the same ward as the Fair Price Shop of the petitioner exceed 500 ration cards. It has been further contended that after allotment of new Fair Price Shop, new ID would be generated on that basis.

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I t is clear that the allotment of Fair Price Shop of the petitioner

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has not been cancelled and in fact a new Fair Price Shop has been opened as per the rationalization scheme within the same ward as the Fair Price Shop of the petitioner exceeds 500 ration cards.

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With the aforesaid observation, the petition stands disposed of

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Sd/-

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(Arvind Kumar Verma)

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Judge

Nari Shakti Sewa Mahila Mandal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Nari Shakti Sewa Mahila Mandal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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