MAHILA SELF-HELP GROUP CHAUL vs STATE OF CHHATTISGARH

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CGHC010375332022 2026:CGHC:45070
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5028 of 2022
Mahila Self-Help Group Chaul Through its President Smt Phul Bai, Aged
About 39 Years, W/o Shrichand, Post and Block Bharatpur, District :
Manendragarh-Chirmiri-Bharatpur, Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through - The Secretary, Department Of Food
and Civil Supplies, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur,
District : Raipur, Chhattisgarh
2 - The Collector Manendragarh Chirmiri Bharatpur Through (Food
Branch), District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh
3 - The Sub-Divisional Officer Bharatpur, District : Manendragarh-
Chirmiri-Bharatpur, Chhattisgarh
4 - The Food Inspector Bharatpur, District : Manendragarh-Chirmiri-
Bharatpur, Chhattisgarh
5 - Shivbaba Self-Help Group Sadantola Post and Block Bhartpur,
Digitally
signed by
SHYNA
AJAY
Date:
2026.10.27
11:16:54
+0530
SHYNA
AJAY
District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh
... Respondent(s)

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(Cause Title downloaded from CIS Periphery)
For Petitioner(s) : Mr. Shivam Mishra, Advocate
For Respondent(s) : Mr. Shobhit Mishra, Dy. GA
SB: Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board
26/10/2026
1. By way of this petition, the petitioner seeks the following reliefs :
10.1. That, the Hon'ble Court may kindly be pleased to
call for the records pertaining to impugned order dated
03.11.2022 ANNEXURE P/5 from the respondents for
the kind perusal of the Hon' ble Court.
10.2. That, the Hon'ble Court may kindly be pleased to
quash / set aside the impugned order 03/11/2022
(Annexure P/5) issued by the respondent No. 3
10.3. Any other relief which the Hon'ble Court may
deem fit, in the interest of justice.
2. Brief facts of the case are that the petitioner- President of Mahila
Self-Help Group, Chul, Block Bharatpur, District Manendragarh
Chirmiri Bharatpur (CG) (authorized vide Resolution dated
04.11.2022), was allotted Fair Price Shop No. 532005051 vide
order dated 31.03.2022 (Annexure P/3). After an inspection on
05.10.2022 by the Food Inspector, Baharatpur, a show cause
notice dated 28.10.2022 was issued, which was duly replied by

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the petitioner. However, Respondent No. 3, without considering
the reply or giving any reasons, passed the impugned order dated
03.11.2022 (Annexure P/5) suspending the Fair Price Shop.
Hence, this Petition.
3. Learned counsel for the petitioner submits that the impugned
order dated 03/11/2022 suspending Fair Price Shop No.
532005051 is arbitrary, unconstitutional and passed in violation of
principles of natural justice without considering the reply or
conducting a full inquiry. The action is politically motivated to oust
the Women Self-Help Group.
4. Per contra, learned counsel for the State submits that the
impugned order is only an administrative order of suspension
issued under the provisions of the Chhattisgarh Public Distribution
System (Control) Order, 2016 (in short “the Control Order, 2016”).
He submits that an effective statutory mechanism and procedure
exist under the Control Order, 2016 before the Sub-Divisional
Officer (Revenue)-cum-Prescribed Authority. Therefore, the
petitioner ought to be relegated to approach the competent
authority.
5. Heard learned counsel for the parties and also perused the
documents annexed with the petition carefully.
6. Considering the facts and circumstances of the case, particularly
considering that the petitioner has challenged the order of
suspension of Fair Price Shop dated 03.11.2022 (Annexure P/5),
for which a detailed procedure is prescribed under the Control

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Order, 2016 before the concerned Sub-Divisional Officer
(Revenue)-cum-Prescribed Authority, this Court deems it
appropriate to relegate the petitioner to approach the concerned
authority within a period of 30 days from the date of receipt of a
copy of this order. In turn, the concerned Sub-Divisional Officer
(Revenue)-cum-Prescribed Authority is directed to consider and
decide the matter on its merits in accordance with law and the
provisions of the Control Order, 2016, within a further period of 30
days, after affording a due opportunity of hearing to the petitioner.
7. Till the proceedings are finally decided by the concerned authority,
the interim protection granted by this Court vide order dated
23.11.2022 shall remain in operation.
8. With the aforesaid observations/directions, the Writ Petition is
finally disposed of.
Sd/-
(Amitendra Kishore Prasad)
Judge
Shyna Ajay