Disposed¶26

Fatima Begam v. State of Chhattisgarh

Chhattisgarh HC13 Jan 2026WPC/147/2026

Case brief

AI extract

What is this about?

Fair Price Shop allotment cancelled by SDO (Revenue), Sitapur (order dated 15.12.2025); writ petition disposed of as not maintainable owing to alternative appeal remedy under Order 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016; delay in appeal condoned; appellate authority to decide on merits within two months; no comment on merits; maintainability versus alternative remedy.

What did the court decide?

Writ petition disposed of as not maintainable; petitioner permitted to file appeal within 30 days with delay condoned by this Court; appellate authority directed to decide the case on its own merit within two months. ¶26

Fatima Begam Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶26

Issue for consideration

Whether the writ petition challenging the cancellation of the petitioner's Fair Price Shop allotment is maintainable, given the alternative and efficacious remedy of filing an appeal under Order 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016. +1 more

¶24

Court's answer

Since the petitioner has an alternate and efficacious remedy of filing an appeal under Order 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016 before the Appellate authority, the writ petition is not maintainable and is disposed of.

¶26

Ratio / Principle

In the eventuality of the petitioner filing the appeal within 30 days from receipt of copy of this order, the appellate authority will not take the plea of limitation as this Court has condoned the delay in preferring the appeal, and will decide the case on its own merit within two months from receipt of copy of the appeal.

¶26

Key takeaways

This Court has not commented anything on the merit of the contention raised by the petitioner.obiter¶26

Detailed headnote1 paragraphs

WPC No. 147 of 2026 (High Court of Chhattisgarh at Bilaspur, decided 14/01/2026, Justice Narendra Kumar Vyas): Petition by Fatima Begam against the order dated 15.12.2025 of respondent No. 3, Sub Divisional Officer (Revenue), Sitapur, cancelling her Fair Price Shop allotment without proper opportunity of hearing, disposed of as not maintainable in view of the alternate and efficacious remedy of appeal under Order 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016. Delay in filing the appeal condoned; appellate authority directed not to raise limitation and to decide the case on its own merit within two months. The Court expressly made no comment on the merit of the petitioner's contentions.

2026:CGHC:2160

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPC No. 147 of 2026

¶6

Fatima Begam W/o Jafrulla Ansari, Aged About 44 Years Bhusu, Khas, Bhusu, Bhusu, Surguja Bhusu, Chhattisgarh 497111

¶7

... Petitioner(s)

¶8

versus

¶9

State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur C.G.

¶10

Collector Ambikapur, District Ambikapur C.G.

¶11

Sub Divisional Officer (Revenue), Sitapur, District Sarguja C.G.

¶12

Food Inspector, Sitapur, District Sarguja C.G.

¶13

Indira Mahila Swayam Sahayata Samundre, Bhusu, Tehsil Sitapur, District Sarguja C.G.

¶14

Respondent(s)

¶15

For Petitioner(s) : Ms. Saumya Sharma, Advocate For Respondent(s) : Mr. Keshav Gupta, Govt. Advocate

¶16

Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

14 /01/2026

SANTOSH KUMAR SHARMA

Digitally signed by SANTOSH KUMAR SHARMA Date: 2026.01.14 17:24:40 +0530

¶21

The petitioner has filed this petition against the order dated 15.12.2025 passed by respondent No. 3 Sub Divisional Officer (Revenue), by which the respondent No.3 has canceled the allotment of Fair Price Shop of the petitioner without giving proper opportunity of hearing to him.

¶22

¶23

Learned counsel for the petitioner would submit that the respondent No.3 without considering the fact has rejected the allotment of Fair Price Shop of the petitioner which is illegal and mala-fide and would pray for quashing of the notice.

¶24

On the other hand, learned counsel for the State would submit that it is an appealable order as per Order 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016, the petitioner has alternative and efficacious remedy of filing appeal within 30 days, as such the writ petition is not maintainable at this stage.

¶25

I have heard learned counsel for the parties and perused the record.

¶26

Since the petitioner has alternate and efficacious remedy of filing the appeal Order 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016 before the Appellate authority, therefore, the writ petition is not maintainable and is disposed of. In the eventuality of filing of the appeal by the petitioner within 30 days from the date of receipt of copy of this order, the appellate authority will not take plea of limitation as this Court has condoned the delay in preferring the appeal and will decide the case on its own merit within two months from the date of receipt of copy of the appeal. It is made clear that this Court has not commented anything on the merit of the contention raised

¶27

by the petitioner.

¶28

Sd/-

¶29

(Narendra Kumar Vyas)

¶30

Judge

¶31

Santosh

¶32