Women’s SHG’s Fair-Price Shop Suspension Challenge Sent To Authority; Chhattisgarh HC Keeps Interim Protection Until Decision

The petitioner, a women’s self-help group allotted Fair Price Shop No. 532005051 on 31 March 2022, challenged the Sub-Divisional Officer’s order dated 3 November 2022 suspending the shop.

The suspension followed an inspection, a show-cause notice, and the petitioner’s reply. The petitioner alleged that the reply was not considered and that the order was passed without a proper inquiry.

The State submitted that a statutory procedure was available under the Chhattisgarh Public Distribution System (Control) Order, 2016.

The Court relied on the Chhattisgarh Public Distribution System (Control) Order, 2016, under which a detailed procedure was available before the Sub-Divisional Officer (Revenue)-cum-Prescribed Authority for considering the dispute concerning the Fair Price Shop suspension.

The Court did not identify or apply any particular provision of the Control Order or cite any precedent.

Because the petitioner challenged a Fair Price Shop suspension for which the Control Order, 2016 provided a procedure before the competent authority, the Court considered it appropriate to direct the petitioner to pursue that remedy.

It did not determine the petitioner’s allegations concerning the merits of the suspension; instead, it directed the authority to decide the matter in accordance with law after affording a hearing.

The authority was directed to decide the matter on its merits within a further 30 days, after providing the petitioner an opportunity of hearing.

The interim protection granted on 23 November 2022 was to continue until the proceedings before that authority were finally decided.