Mahila Bahuudesshiya Sahkari Santha Toda Shashkiya Uchit Mulya Dukan Kaimai 501068 Through Its Presi vs The State Of Madhya Pradesh

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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI
rd
ON THE 3 OF SEPTEMBER, 2026
WRIT PETITION No. 2877 of 2026
MAHILA BAHUUDESSHIYA SAHKARI SANTHA TODA SHASHKIYA
UCHIT MULYA DUKAN KHARAIDABAR 501029 THROUGH IT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS

WRIT PETITION No. 2765 of 2026
MAHILA BAHUUDESSHIYA SAHKARI SANSTHA RASERA
SHASHKIYA UCHIT MULYA DUKAN GOBARA 201084 THROUGH
ITS MA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS

WRIT PETITION No. 2784 of 2026
MAHILA BAHUUDESSHIYA SAHKARI SANSTHA KHODA
SHASHKIYA UCHIT MULYA DUKAN BHAURANA 501056
THROUGH ITS M
Versus
THE STATE OF MADHYA PRADESH AND OTHERS

WRIT PETITION No. 2806 of 2026
MAHILA BAHUUDESSHIYA SAHKARI SANTHA DEVPURA
SHASHKIYA UCHIT MULYA DUKAN RAIYYAAN 501069 THROUGH
ITS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS

NEUTRAL CITATION NO. 2026:MPHC-GWL:26657
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WRIT PETITION No. 2871 of 2026

MAHILA BAHUUDESSHIYA SAHKARI SANSTHA RASERA
SHASHKIYA UCHIT MULYA DUKAN SANPARA 501057 THROUGH
IT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS

WRIT PETITION No. 2888 of 2026
MAHILA BAHUUDESSHIYA SAHKARI SANTHA KHODA
SHASHKIYA UCHIT MULYA DUKAN RAYPUR 501066 THROUGH
ITS MANA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS

WRIT PETITION No. 3170 of 2026
MAHILA BAHUUDESSHIYA SAHKARI SANSTHA SEGADA
SHASHKIYA UCHIT MULYA DUKAN DHAURIYA 501054 THROUGH
ITS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS

WRIT PETITION No. 3183 of 2026
MAHILA BAHUUDESSHIYA SAHKARI SANTHA TODA SHASHKIYA
UCHIT MULYA DUKAN KAIMAI 501068 THROUGH ITS PRESI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Smt. Nidhi Patankar - Senior Advocate alongwith Shri Abhay Jain -
Advocate for the petitioners.
Shri Dharmendra Nayak - GA for the respondents/State.
ORDER
1. All these petitions have assailed the order dated 16.01.2026,
whereby the fair price shops allotted to the petitioners/societies have been

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taken back from them and have been temporarily attached to some other

societies.
2. Considering that all the petitions are based on an identical set of
facts and challenge the same order dated 16.01.2026, all the petitions are
being decided by this common order. However, for the sake of convenience,
the facts of W.P. No. 2877/2026 are being referred to.
3. The fair price shops were allotted to the petitioners/societies by
different orders. The respondents/authority purportedly carried out an
inspection pursuant to the order passed by the Collector, District Shivpuri, on
20.11.2025. Pursuant thereto, the officials of the respondents/department
carried out an inspection of the fair price shop of the petitioners/societies and
submitted a report. Acting upon the report submitted by the officials, the
impugned order has been passed by the Sub Divisional Officer, Revenue,
Sub Division Pohari, whereby the fair price shop was withdrawn from the
petitioner/society and was temporarily attached to the societies of adjoining
villages.
4. The learned Senior Counsel appearing for the petitioners, by
reiterating the facts recorded above, submits that the impugned order is
contrary to the provisions of the Madhya Pradesh Public Distribution System
(Control) Order, 2015. Learned counsel for the petitioners submits that
action against a society for violating the provisions of the Madhya Pradesh
Public Distribution System (Control) Order, 2014 can be taken only in
accordance with Clause 16 of the said Control Order. She submits that,
according to sub-clause (4) of Clause 16, the authority is required to provide

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a proper opportunity of hearing to the concerned society and only after

following the principles of natural justice can the authority cancel the
authorization for running the fair price shop. However, in the present case, in
a single stroke, the entire proceedings have been concluded without issuing
any notice to the petitioners and without providing an opportunity of hearing
to the petitioners/societies. Learned counsel for the petitioners has placed
reliance on the order dated 21.08.2024 passed in W.P. No. 24360 of 2024
(Shri Janki Swa Sahayata Samooh Satanpura Guna Through Its President
Ram Dulari Versus The State of Madhya Pradesh and Others). Thus, learned
counsel for the petitioners submits that the impugned order, having been
passed in violation of the principles of natural justice as well as in total
derogation of the Madhya Pradesh Public Distribution System (Control)
Order, 2015, is not sustainable in the eyes of law and deserves to be quashed.
5. Per contra, learned counsel for the State submits that the impugned
order is based on an enquiry conducted by the officers of the
respondents/department and, during the enquiry, an opportunity of hearing
was afforded, as the concerned persons of the society were present during
the inspection of the fair price shop of the petitioners/societies. As such, no
further opportunity of hearing was required.
6. Heard learned counsel for the parties and perused the case files.
7. Despite issuance of notice by this Court on 30.01.2026, the
respondents have not produced any material so as to establish that, before
passing the impugned order, the provisions of Clause 16 of the Control
Order, 2015 were followed. It is not on record that any notice in terms of the

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aforesaid clause was ever issued to the petitioners/societies. As such, the

order passed in the case of Shri Janki Swa Sahayata Samooh Satanpura Guna
Through Its President Ram Dulari (supra) squarely covers the present
dispute.
8. Consequently, the present petitions are allowed.
9. The impugned order dated 16.01.2026 is hereby set aside. The
directions given by this Court in paragraph 7 of the said case shall apply to
the present cases also, mutatis mutandis.
10. Consequent to the order of cancellation of authorization, the
respondents are directed to restore the operation of the fair price shops of the
petitioners/societies till conclusion of the proceedings as directed above.
11. With the aforesaid, the present petitions stand disposed of,
however, without expressing anything on the merits of the case.
(PAVAN KUMAR DWIVEDI)
JUDGE
neetu
NEETU
SHASH
ANK
Digitally signed by NEETU SHASHANK
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PRADESH BENCH AT GWALIOR,
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27eaa2ce, ou=HIGH COURT OF
MADHYA PRADESH BENCH AT
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postalCode=474001, st=Madhya
Pradesh,
serialNumber=e60a9bbfc39e0ee500ea
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Date: 2026.09.05 14:09:02 +05'30'