Smt. Bindiya Yadav Vs State of Chhattisgarh

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2026:CGHC:16608

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Digitally signed by YOGESH YOGESH TIWARI TIWARI Date: 2026.04.10 18:23:13 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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NAFR

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WPC No. 2234 of 2020

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Smt. Bindiya Yadav W/o Ashok Kumar Yadav Aged About 42 Years President Of Ma Shakti Women Self Help Group Shrigarh / Assistant Seller Of Govt. Fair Price Shop Shrigarh Village- Shrigarh Block - Ambikapur District - Surguja (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) Surguja Ambikapur District - Surguja (Chhattisgarh)

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

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4 - The Food Inspector Ambikapur District - Surguja (Chhattisgarh)

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5 - Nayab Tahsildar Ambikapur District - Surguja (Chhattisgarh)

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... Respondents

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(Cause-title tak	en from Case Information System)
For Petitioner	: Mr. A.N. Pandey, Advocate
For State/Respondents	: Ms. Vartika Shrivastava, Panel Lawyer

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Hon’ble Shri Amitendra Kishore Prasad, Judge

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Order on Board

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10.04.2026

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1. The petitioner has filed this writ petition with the following relief(s):-

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“ 10.1 That, this Hon'ble court may kindly be pleased to set aside of the impugned order

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2

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dated 1.9.2020 ANNEXURE P/1 issued by the respondent no.3 and impugned advertisement dated 1.9.2020 ANNEXURE P/2 issued by respondent no.3.

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10.2 That, this Hon'ble court may kindly be pleased to direct the respondent no.3 to allow to continue of the petitioner group for running the fair price shop of village- Shrigarh Distt- Surguja (C.G) as per allotment order dated 30.3.2015.

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10.3 That, this Hon'ble Court may kindly be please to called the entire record in this case in respect 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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2. Learned counsel for the petitioner would submit that the order was

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passed by the Sub-Divisional Officer (Revenue) Ambikapur, Surguja, Chhattisgarh whereby fair price shop allotted to the petitioner was cancelled. He would contend that no inquiry was conducted and no opportunity of hearing was afforded. He would pray to quash the order dated 01.09.2020 passed by respondent No. 3.

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

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3

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

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5. 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 hereby disposed of. However, the petitioner shall be at liberty to prefer a duly constituted appeal before the concerned Collector within a period of 15 days from today, along with an application for grant of interim stay. In the event such an appeal is filed, the concerned authority is directed to consider and decide the same, including the application for interim relief, within a further period of 30 days, strictly in accordance with law and on its own merits.

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6. It is further clarified that this Court has not expressed any opinion on the merits of the case, and the authority concerned shall adjudicate the matter independently, uninfluenced by any observations made herein.

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7. With the aforesaid observations/directions, instant petition stands disposed of.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Yogesh

Smt. Bindiya Yadav v. State of Chhattisgarh

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Smt. Bindiya Yadav v. State of Chhattisgarh

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