PRATAPPUR SWASTIK MAHILA SVA-SAHAYATA SAMUH vs STATE OF CHHATTISGARH

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CGHC010394412024 2026:CGHC:38634
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
SHYNA
AJAY
WPC No. 5751 of 2024
Digitally signed
by SHYNA AJAY
Date: 2026.09.02
17:06:54 +0530
Pratappur Swastik Mahila Sva-Sahayata Samuh Through Its President Devkumari
Sahu W/o Santosh Kumar, Aged About 43 Years, R/o Ward Village Pratappur Durg,
District : Durg, Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Collector (Food Department) Bemetara,
District : Bemetara, Chhattisgarh
2 - Tehsildar Navagarh District Bemetara, Chhattisgarh.
3 - Chief Executive Officer Janpad Panchayat Navagarh, District Bemetara,
Chhattisgarh.
4 - Assistant Food Officer/ Food Inspector Bemetara, District Bemetara,
Chhattisgarh.
5 - The Sub Divisional Officer (R) Navagarh, District Bemetara, Chhattisgarh.
6 - Pragati Mahila Sva-Sahayata Samuh Ghoghara, Block Navagarh, District
Bemetara, Through its President Krishna Bai Sahu, W/o Shatruhan Sahu,
Chhattisgarh.
... Respondent(s)
(Cause Title downloaded from CIS Periphery)

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For Petitioner(s) : Mr. Purnendra Kichariya, Advocate
For Respondent(s) : Mr. Soumitra Kesharwani, Panel Lawyer
S B: Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board
01/09/2026
1. By way of this petition, the petitioner seeks the following reliefs :
10.1 That, this Hon'ble Court may kindly be pleased to
issue an appropriate and suitable
writ(s)/order(s)/direction(s) quash and set-aside the
impugned notice/order dated dated 06.11.2024 (Annexure
P-1) in the interest of justice.
10.2 That, this Hon'ble Court may kindly be pleased to
pass any other order which may deem fit and proper under
the facts and circumstances.
10.3 That, this Hon'ble Court may kindly be pleased to
grant any other relief which this Hon'ble Court may deem fit
in the facts and circumstances of the present case
including cost of the petition.
2. Learned counsel for the petitioner submits that by the impugned
order dated 6.11.2024, the concerned SDO (R), Nawagarh,
District Bemetara has cancelled the license of the petitioner-
Society for operation and supply of food grains under the Fair
Price Shop, based on vague allegations. He submits that no
opportunity of hearing was granted to the petitioner and the
procedure envisaged under the Chhattisgarh Public Distribution
System (Control) Order, 2016 (in short “the Control Order, 2016”)
has not been followed. He submits that the impugned order has

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been passed in an arbitrary manner in violation of the principles of
natural justice. Therefore, the impugned order is unsustainable in
law and is liable to be quashed.
3. On the other hand, learned counsel for the State submits that a
show cause notice was duly issued to the petitioner, to which the
petitioner filed its reply. He submits that after due consideration of
the reply as well as Panchnama and other relevant materials on
record, the impugned order was passed. As such, proper
procedure was followed and the petitioner was afforded adequate
opportunity of hearing. Therefore, the impugned order suffers from
no legal infirmity and no interference by this Court is warranted.
4.
Heard learned counsel for the parties and also perused the
documents annexed with the petition with utmost circumpsection.
5. Evidently, by the impugned order dated 06.11.2024, the
SDO(Revenue), Nawagarh cancelled the license of the
petitioner’s Fair Price Shop. As per the mandatory provisions of
the Control Order, 2016, a detailed enquiry is required to be
conducted wherein the affected party must be afforded a proper
and effective opportunity of hearing before passing any adverse
order. However, a perusal of the record reveals that the prescribed
procedure under the Control Order, 2016, was not followed in
accordance with law and no proper opportunity of hearing was
provided to the petitioner. Consequently, in my view, the impugned
order is arbitrary, unsustainable in the eyes of law and liable to be
set aside.
6. Accordingly, the impugned order dated 06.11.2024 is set-aside.

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However, liberty is reserved to the concerned SDO(Revenue),
Nawagarh, to initiate fresh proceedings on the basis of the
suspension order dated 16.10.2024. The SDO shall afford a due
opportunity of hearing to the petitioner, consider its reply and
supporting documents and pass a reasoned order in accordance
with the relevant provisions of the Control Order, 2016, within a
period of 30 days from the date of receipt of a certified copy of this
order.
7. It is directed that the interim order dated 21.11.2024 passed by
this Court shall continue to remain in force until the final order is
passed by the concerned SDO(R) in the fresh enquiry.
8.
With the aforesaid observations/directions, the Petition is finally
disposed of. Sd/-
(Amitendra Kishore Prasad)
Judge
Shyna Ajay