Chhattisgarh High CourtAdministrative and Public LawCivil Procedure and Evidence

Chhattisgarh HC Gives Suspended Fair-Price Shop Operators 30 Days For SDO Decision, Denying Interim Relief As Shop Is Temporarily Allotted To Women’s Group

SADGURU KHADYA SURAKSHA POSHAN AVAM UPBHOKTA SEWA SAHAKARI SAMITI MARYADITv.STATE OF CHHATTISGARH

Chhattisgarh HC Gives Suspended Fair-Price Shop Operators 30 Days For SDO Decision, Denying Interim Relief As Shop Is Temporarily Allotted To Women’s Group. SADGURU KHADYA SURAKSHA POSHAN AVAM UPBHOKTA SEWA SAHAKARI SAMITI MARYADIT vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
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In brief

The question

1. Whether the petitioners should be directed to pursue the remedy before the SDO under the Chhattisgarh Public Distribution System (Control) Order, 2016, rather than obtain relief in the writ petition.

The court held

The Court disposed of the petition without quashing the suspension order or directing that the petitioners resume operating the shop.

It also directed

It directed the SDO to consider the petitioners’ case after giving them an opportunity of hearing and to decide it within 30 days of receipt of the order; no interim relief was granted, and no view was expressed on the merits.

01Facts

The petitioners, the fair-price-shop operator and its salesman, challenged the Sub-Divisional Officer (Revenue)’s order dated 22 October 2026 suspending the shop for alleged non-compliance with the Chhattisgarh Public Distribution System (Control) Order, 2016, including failure to display the stock and price lists.

¶ 2

The shop had meanwhile been temporarily allotted to respondent No. 5.

¶ 4

The petitioners sought to have the suspension order quashed and to be permitted to operate the shop.

¶ 1

The State submitted that an alternative remedy was available under the 2016 Control Order and that the petitioners could apply to the SDO for consideration of their case.

¶ 3

02Issues

i.1. Whether the petitioners should be directed to pursue the remedy before the SDO under the Chhattisgarh Public Distribution System (Control) Order, 2016, rather than obtain relief in the writ petition.

¶ 3–4

ii.2. Whether interim relief permitting the petitioners to operate the fair-price shop could be granted while it was temporarily allotted to respondent No. 5.

¶ 5

03Law Applied

The Court applied the Chhattisgarh Public Distribution System (Control) Order, 2016, under which the petitioners could approach the concerned SDO and the matter was to be considered after affording them an opportunity of hearing; the SDO was directed to decide the matter within the 30-day period prescribed under the Order.

¶ 3–5

The Court did not identify or apply any specific provision or precedent concerning the alternative remedy or the merits of the suspension.

¶ 3–6

04Reasoning

Given the temporary allotment of the shop to respondent No. 5, the Court considered it appropriate for the petitioners to apply to the SDO rather than grant the requested relief in the writ petition.

¶ 4

It directed the SDO to hear the petitioners and pass an appropriate order within 30 days of receiving a copy of the Court’s order.

¶ 4–5

Because the shop was already temporarily allotted to respondent No. 5, the Court declined interim relief.

¶ 5

It expressly left the merits undecided.

¶ 6

05Holding

The Court disposed of the petition without quashing the suspension order or directing that the petitioners resume operating the shop.

¶ 4–7

It directed the SDO to consider the petitioners’ case after giving them an opportunity of hearing and to decide it within 30 days of receipt of the order; no interim relief was granted, and no view was expressed on the merits.

¶ 4–7
Chhattisgarh High Court

Original Court PDF

SADGURU KHADYA SURAKSHA POSHAN AVAM UPBHOKTA SEWA SAHAKARI SAMITI MARYADITvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · November 02, 2026

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