Anpurna Women Self Help Group - Belgahana Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Anpurna Women Self Help Group - Belgahana Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition dismissed on the ground of available statutory appeal; petitioner at liberty to challenge order dated 19.12.2022 (Annexure P1) by appeal under Clause 18 of Control Order, 2016; if appeal filed within three weeks, delay will not obstruct consideration on merits; appellate authority to decide expeditiously; certified copy ordered to be supplied today.

Issue for consideration

Whether the writ petition challenging order dated 19.12.2022 issued by the Sub Divisional Officer (Revenue) should be entertained on merits, given that the petitioner has an efficacious alternative remedy of appeal under Clause 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016.

Court's answer

Since the petitioner has an efficacious remedy of appeal under Clause 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016, the Court declined to entertain the writ petition on merits and dismissed it.

Ratio / Principle

The petitioner was granted liberty to challenge order dated 19.12.2022 (Annexure P1) by way of an appeal under Clause 18 of the Control Order, 2016.

Key takeaways

If the petitioner prefers such an appeal within a further period of three weeks from the date of the order, the delay in preferring the appeal will not come in the way of the appeal being considered on merits, and the appellate authority shall consider and decide such an appeal expeditiously in accordance with law.ratio¶21

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), WPC No. 94 of 2023, decided on 03/11/2025 by Hon'ble Shri Justice Parth Prateem Sahu: Anpurna Women Self Help Group, Belgahana, through its President Smt. Amrika Bai, challenged order dated 19.12.2022 (Annexure P1) issued by the Sub Divisional Officer (Revenue), Takhatpur, Distt. Bilaspur. Holding that the petitioner had an efficacious alternative remedy of appeal under Clause 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016, the single-Judge Bench declined to entertain the writ petition on merits and dismissed it. The petitioner was left at liberty to challenge the impugned order by such an appeal; since the petition had been filed on 30.12.2022, the Court directed that if the appeal was preferred within a further period of three weeks, the delay would not come in the way of the appeal being considered on merits, and that the appellate authority would then decide it expeditiously in accordance with law. Certified copy was ordered to be supplied the same day.

1

Digitally signed by GOPAL SINGH Date: 2025.11.03 14:22:05 +0530

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 94 of 2023

1 - Anpurna Women Self Help Group - Belgahana Through President Smt. Amrika Bai W/o Ramkumar Sahu Aged About 45 Years, President Of Anpurna Women Self Help Group- Belgahana R/o Belgahana P.S. And Tahsil Takhatpur, Distt. Bilaspur (C.G.)

... Petitioner

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur Distt. Raipur (C.G.)

2 - The Collector (Food Department) Bilaspur Distt. Bilaspur (C.G.)

3 - The Sub Divisional O0cer (Revenue) Takhatpur, Distt. Bilaspur (C.G.)

4 - The Food Inspector Takhatpur, Distt. Bilaspur (C.G.)

5 - Govt. Faire Price Shop Marhikapa, P.S. And Tahsil Takhatpur, Distt. Bilaspur (C.G.) I.D. No. 402004122.

... Respondents

For Petitioner	: Shri A.N. Pandey, Advocate
For State	: Shri Rishabh Bisen, Panel Lawyer

2

Hon’ble Shri Justice Parth Prateem Sahu

Order on Board

03/11/2025

1. Challenge in this petition is to order dated 19.12.2022 (Annexure P1) issued by Sub Divisional O0cer (Revenue).

2. In view of fact that petitioner is having e0cacious remedy of an appeal under Clause 18 of Chhattisgarh Public Distribution System (Control) Order, 2016 (in short ‘Control Order, 2016’), I am not inclined to entertain this writ petition on merits. Accordingly, it is dismissed. Petitioner is at liberty to challenge order dated 19.12.2022 (Annexure P1) by way of an appeal under Clause 18 of Control Order, 2016. As subject matter of this writ petition is order dated 19.12.2022 and this petition is =led on 30.12.2022, in event petitioner prefers an appeal within a further period of three weeks from today, delay in preferring an appeal will not come in way for considering appeal to be =led by petitioner, on merits. If such an appeal is =led within aforesaid period, appellate authority shall consider and decide same expeditiously in accordance with law.

Certi=ed copy today.

Sd/-

(Parth Prateem Sahu) JUDGE

Gopal