Writ Petition No. 6110 of 2006 · Chhattisgarh High Court

HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR (DMSION BENCH) CORAM: HON'BLESHRIS.R.NAYAK,CJ. HON'BLE SHRI DILIP RAOSAHEB DESHMUKH, J. W. P. Nos. 5110 of 2005. 5038 of 2005. 5039 of 2005. 5103 of 2005. 5104 of 2005. 5113 of 2005. 6154 of 2005. 5155 of 2005. 5156 of 2005. 5157 of 2005. 5158 of 2005. 5159 of 2005. 5160 of 2005. 5161 of 2005. 5162 of 2005. 5187 of 2005. 5188 of 2005. 5189 of 2005. 5334 of 2005. 5335 of 2005. 5336 of 2005. 5337 of 2008. 8338 of 2005. 6441 of 2005. 5489 of 2005. 5979 of 2005. 5984 of 2005. 6069 of 200S. 6076 of 2005 and 6563 of 2005. Order for consideration Hon'ble Shri D.R. Deshmukh. J. Sd/-, Chief Justice Sd/- DUip Raosaheb Deshniukh Judge 2JO/07/2006 Post these Writ Petitions for Pronouncement of the order: 20/07/ 2006 Sd/- Chief Justice W9' tHIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR (DIVISION BENCH^ CORAM: HON'BLESHRIS.R.NAYAK.CJ. HON'BLE SHRI DILIP RAOSAHEB DESHMUKH, J. Writ Petition No. 6110 of 2006 Petitioners:

Vidya Prathmik Sahkari Upbhokta Bhandar Maryadit. Chachanpani (A cooperative registered under Chhattisgarh provisions Sv^isahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Gulabdhar Mishra Aged about 43 yeare S/o Shri Parasnatti Mishra R/o Village Chachanpari Block Abhanpur, District Raipur (C.G.) Jai Maa Kodiyar Prathmik Sahkari Bhandar Maryadit, Upbhokta Kusmund (A cooperative registored under the provisions of Chhattisgarh Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Shivkant Aged about 38 S/o Shri Yagyanarayan R/o Village Kusmund Vikaskhand Arang, District Raipur (C.G.) Maa Bhawani Prathmik Sahkari Upbhokta Bhandar Maryadit, Aurethi (A cooperative registered under the provisions of Chhattisgarh Swasthya Sahkarita Adhiniyam, 1960 (17 of 1961) President Chaturbhuj Trivedi Aged about 38 years S/o Shri Ramdayal Trivedi R/o Village Aurethi Block Simga District Raipur (C.G.) Upbhokta Dhanpati Mata Prathmik Maa Bhandar Sahtairi (A cooperative Maryadit, Bhatosur registered under the provisions of Swasahayata Chhatlisgarh Sahkarita Adhiniyam, 1960 (17 of 1961) President Jilsjeet aged about 42 ^' S/oShriB.P.Choube R/o Village Bhalesur Block Simga DistrictRaipur(C.G.) Maa Rajeshwari Prathmik Sahkari Upbhokla Bhandar Maryadtt, Suma (A cooperative registered under the Chhattisgarh provisions Swasahayata Sahkarita Adhiniyam.

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Raipur (C.G.) Uma Prathmik Sahkari Upbhokta Bhandar Maryadit, Nariyara ( A cooperative registered under Chhattisgarh provisions Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Sunil Kumar Aged about 42 yeare .S/o. Shri Kripalshankar, R/o. Village Nariyara Btock Arang District Raipur. Maa Sundari Mata Prathmik Sahkari Upbhokta Bhandar Maryadit, Tekari (A cooperattve registered under the Chhattisoarh provisions Swasahayata Sahkarita Adhiniyam, 1961) President 1960 Devishankar Aged about 58 years, S/o. Shri Bhagwatoi Prasad R/o. ViUage Tekari Block Simga District Raipur (C.G.) (17 Ganpati Prathmik Sahkari Upbhokta Bhandar Maryadit, Vithiya (A cooperaBve registored under the Chhattisgarh provisions Swasahayata Sahkarita Adhiniyam. 1960 (17 of 1961) President Bade Lal Aged about 40 years, S/o. Shri R.R. Mishra R/o. Village Vtthiya Btock Tikta, DistrictRaipur(C.G.) Pawan Prathmik Sahkari Bhandar hteryadit. Upbhokta Baronda (A cooperattve registered under the provisions of Chhattisgarh Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Devraj Yadav Aged about 28 yeare, S/o. Shri Hubnarayan Yadav R/o. Village Baronda Btock Tilda DistrictRaipw(C.G.) Society Randatotevi Primary Maa Maryadit Cooperative Dumarbahra, Block Gariyaband, District Raipur (C.G.) Through: President, Shri Rajkumar Tiwari, S/o. Shri Phoolchand Tiwari, aged about 38 yeare. R/o. Dumarbahra, ^

Btock Gariyaband, district Raipur (C.G.) Maa Mansadevi Prathmik Sahkari Upbhokta Bhandar Maryadit, Kukda cooperative registered under Chhattisgarh provisions Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Pramod Kumar Shukla Aged about 30 years S/o. Shri Ghanshyam Shukla R/o. ^illage Kukda Block Palari. DistrictRaipur(C.G.) Maa Tridevi Prathmik Sahkari Bhandar Maryadit, Upbhokta Achanakpur, cooperative registered under the provisions of Chhattisgarh Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Vmay Kumar Yadav Aged about 30 yeare S/o. Shri Sitaram Yadav R/o. Village Achanakpur, Block Balodabazar, District Raipur (C.G.) Somnath Prathmik Sahkari Upbhokta Bhandar Maryadit, Gordi cooperative registered under Chhattisgarh provisions Swasahayata Sahkarita Adhiniyam. 1960 (17 of 1961) President Rahul Dev Aged about 27 yeare, S/o. Shri Ramnarayanan, R/o. Village Gordi Block Simga, District Raipur (C.G.) Prathmik Sahkari Jai Ganesh Maryadit, Upbhokta Bhandar cooperative registered Khapridih, under the provisions of Chhattisgarh Swasahayata Sahkarita Adhiniyam, 1961) President 1960 Dhananjay Dhirtlahre, Aged about S/o. Hiralat 30 DhritUahre, R/o. Village Khapridih Block Tilda District Raipur (C.G.) yeare, Shri (17 Marut Prathmik Sahkari upbhokta Maryadit, Chtehpol, Bhandar cooperative registered unctor Chhattisgarh provisions Swasahayata Sahkarita Adhiniyam,

1960 (17 of 1961) President Sanjay Kumar Aged about 27 years, S/o. Shri Rajkumar. R/o. Village Chichpol Block Bhatapara. District Ralpur (C.G.) Onkar Prathmik Sahkari Ek Bhandar Mar^id'rt, Upbhokta Shyamnagar, cooperaUve reglstered under the provisions of Chhattisgarh Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Brijesh Kumar Tripathi, Aged about 35 years, S/o. Shri Bhupendrararai Tripathi, R/o. Village Shyamnagar Block Fingeshwar, District Raipur (C.G.) Ambuja Prathmik Sahkari Upbhokta Budgahan, Bhandar Maryadit, cooperative registered under Chhattisgarh provisions Swasahayata SahkarHa Adhini^im, 1960 (17 of 1961) PresidentPravin Kumar, Aged about 26 years, S/o. Shri Narendranath, R/o. Wllage Budhgahan Block Simga District Raipur (C.G.) Nutan Prathmik Sahkari Upbhokta Tendua Maiyadit. Bhandar cooperative registered under Chhattisgarh provisions Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Arun Kumar Tiwari, Aged about 32 yeare, S/o. Shri Raghvendranath Thwari Village R/o. Abhanpur, District Raipur. Tendua Btock Jai Chhattisgarh Prathmik Sahkari Maryadit, Bhandar Upbhokta cooperative registered Suthela under the provisions of ChhatUsgarh Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) Presktont Rajesh Kumar Aged about 32 years. S/o. Shri Ramsajeevan, R/o. ^illage Suthela Block Baloda Bazar, District Raipur (C.G.)

Aadhunik Upbhokta Prathmik Bhandar Sahkari Maryadit p.

cooperative registored Abhanpur, under the provisions of Chhattisgarh Swasahayata Sahkarita Adhiniyam, 1961) President 1960 Narendra Prasad Mishra Aged about 35 yeare. S/o. Shri Chhavinath Mishra. R/o. Village Abhanpur Block Abhanpur, District Raipur (C.G.) (17 Sharmik Prathmik Sahkari Upbhokta Bhandar Maryadft Uria, cooperative registered under the provisions of Swasahayata Chhattisgarh Sahkarita Adhiniyam. 1960 (17 of 1961) President Rakesh Mishra. Aged about 35 years, S/o. Shri vijaynarayan Mishra, R/o. V^illage Uria, Block Dhareiwa, District Riapur (C.G.) Audyogit Mazdoor Prathmik Sahkari Maryadit Bhandar Upbhokta cooperative registored Tendua, under the provisions of Chhattisgarh Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Luxman Mishra Aged about 40 years. S/o. Late Shri Ramraj Mishra, R/o. Wllage Tendua Block DharsJwa, DistrictRaipur(C.G.) Maa Ashtabhuji Prathmik Sahkari Upbhokta Bhandar Maryadit Bartori, cooperative registered under ChhaWsgarh provisions Swasahayata Sahkarita Adhiniyam, 1961) President 1960 Radheshyam Mishra Aged about 40 S/o Late Shri DoodhnaUi Mishra R/o Village Bartori. Block TiWa, District Raipur (C.G.) (17 Maa Ratnadevi Prathmik Sahkari Maryadit Bhandar Upbhokta cooperative registered Mudhipali, under the provisions of Chhattisgarh Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Nandraj Tiwari Aged about 38 yeare S/o Shri Manajer Prasad Thwari R/o Village Mudhipali Block Chhura, DistrictRaipur(C.G.) S^Siv !FsS."fySr.; tswSR

Jai Chhattisgarh Prathmik Sahkari Maryadft Bhandar Upbhokta cooperative registered Mungesar, under the provisions of ChhatGsgarh Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Triveni Prasad Pandey Aged about 48 years S/o Shri Ramcharitra Pandey R/o Village Mungesar Block Aarang. District Raipur (C.G.) Bhandar (Karmandi) Jai Bharat Prathmik Sahkari Maryadit Upbhokta cooperative Pareada, registered under the provjsions of Swasahayata Chhattisgarh Sahkarita Adhiniyam. 1960 (17 of 1961) President Rajesh Kumar Mishra Aged about 28 years S/o Shri Umashankar Mishra R/o Village Pareada, (Karmandl) Block Aarang, District Raipur (C.G.) Maa Pawagarh Prathmik Sahkari Upbhokta Bhandar Maryad'rt Binori, cooperative registered under Chhattisgarh provisions Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) Presklent Om Prakash Pandey Aged about 30 S/o Shri Kamta Shankar Pandey R/o Fingeshwar, District Raipur (C.G.) Village Binori, Block Shyam Prathmik Sahkari Upbhokta Bhandar Maryadit Mudpar (Sandi), cooperative registered under Chhaffisgarh provisions Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Dinesh Kumar Aged about 34 years S/o Shri Ramji R/o Village Mudpar (Sandi), Block Palari, DistrictRaipur(C.G.)

Maa Bhagwati Prathmik Sahkari Maryadit Bhandar Upbhotcta registared cooperative Jugesar, under the provisions of Chhaffisgarh (17 Swasahayata Sahkarita Adhini^im, 1961) PresMent 1960 Chaturbhuj Trivedi Aged about 38 S/o Late Shri Ramdayal Trivedi R/o Village Jugesar, Bteok Aarang. DistrictRaipur(C.G.)

provisions Station Ward Prathmik Sahkari Upbhokta Bhandar Maryadit Statioin Ward, cooperative registered under of Chhattisgarh Swasahayata Sahkarita Adhiniyam. 1960 (17 of 1961) Presklent Abdul Hamid Aged about 30 yeare S/oShriAbdulSattar R/o Station Ward, District Raipur (C.G.) Seva Audhogik Prathmik Jan Sahkari UpbhoMa Bhandar Maryadit cooperative registered Sariora, under the provisions of ChhatBsgarh Swasahayata Sahkarita Adhiniyam, Prosident 1961) 1960 (17 Dhruvnath Tiwari ft^QtS about 43 yvot..- o/o c-nr, Ramharan Tiwari Village Sarora, Block Dharsiwa, DistrictRaipur(C.G.) Seva Bhandar Prathmik Sahkari Jan Maryadit Upbhokta cooperaUve registored Nayagaon, under the provisions of Chhattisgarh Swasahayata Sahkarita Adhiniyam. 1960 (17 of 1961) President Mohd. Rafiq Aged about 30 years ^illage Atik Shri Mohd. S/o Nayagaon, Block Dhareiwa, District Raipur (C.G.) Durga Prathmik Sahkari Jai Maryadit Bhandar Upbhokta Shaheed Rajiv Pandey Ward 40/1, cooperative registered under Chhattisgarh provisions Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Gautam Sharma Aged about 26 years S/o Late Shri Bansilal Sharma Village Tandwa, Block Tilda. District Raipur (C.G.) .^-s

Resoondents

Jai Chhattisgarh Prathmik Sahkari Maryadit Upbhokta Bhandar Shaheed Rajiv Pandey Ward 40/1. cooperative registered under Chhattisgarh provisions Swasahayata Sahkarite Adhiniyam, 1960 (17 of 1961) President Sahed Khan Aged about 35 years S/o Dharsiwa, Districl Raipur (C.G.) Aalam Khan Block Shri Bhoram Deo Prathmik Sahkari Bhandar Maryadit Upbhokta Mujghan. cooperative (Doma) registered under the provisions of Swasahayata Chhattisgarh Sahkarita Adhiniyam. 1960 (17 of President Sushil 1961) Kumar Parihar Aged about 38 years S/o Late Shri Babu Lal Parihar Village Mujgahan, (Doma) Btock Dharsiwa, District Raipur (C.G.) Aadarsh Gramin Prathmik Sahkari Maryadit Upbhokta Bhandar Ladbhandi, cooperative registered under the provisions of Chhattisgarh Swasahayata Sahkarita Adhiniyam, President 1960 Rajendra Prasad Mishra Aged about 37 years S/o Shri Chhabinath Mishra Village Labhandi. Block Dharsiwa, District Raipur (C.G.) 1961) (17 Nareingh Nath Prathmik Sahkari Bhandar Maryadit Upbhokla Ranisagar, cooperative registered under the provisions of Chhattisgarh Swasahayata Sahkarita Adhiniyam, 1960 (17 of 1961) President Manju Devi Mishra Aged about 32 years w/o Shri Rajendra Prasad Mishra Village Ranisagar, Block Aarang, District Raipur (C.G.) Versus StateofChhattisgarh Through the Secretary, Department of Food. Public Distribution & Consumer Protection, Manfralaya, Dau Kafyan Singh, Bhawan, Raipur ^.. 10

(Chhattisgarh) Collector, Raipur (ChhatUsgarh) Food Controlter (Food OfRcer), Office ofthe Collectorate Raipur (Chhaffisgarh) Sub Divisional OfRcer Gariyaband DistridRaipur(C.G.) Sub Divisional Officer Raipur. District Raipur (C.G.) Sub Divisional OfHcer (Revenue) Baloda Bazar DistrictRaipur (C.G.) Union of India Through the Secretary, Ministry of Consumer Affairs, Food& Public Distribution, New Delhi. Wjit Petition No.5038 of 2006 Petitioners

Jai Maa Bamleshwari Prathmic Swaytta Sahkari Upbhokta Bhandar, Maryadit, Tamghat, Block-Patan. District Durg (C.G.), Through ifs S/o President Ganesh, aged about 35 yeare, R/o. Tarrighat, Tahsil Patan. District Durg (C.G.) Ishwar Bharti, J.V.D. Swayatta Sahkarita Prathmic. Upbhokta Bnahdar Maryadit Nardhi, Block Patan, District Durg (C.G.) : Khoman Through : fs President Banchor, S/o Puranik Banchor, aged about 28 years, R/o. Nardhi, Tahsil Patan, District Durg (C.G.) Through Raipur, Smt. Kalyankari Mahila Swa Sahayata Its Samuh. Nishant, W/o president Prashant, aged about 35 years. R/o House No. 14, Nehru Nagar Raipur. Tahsil and District Raipur (C.G.) 11 Vereus Respondents StateofChhattisgarh Through Secrelary Department of Food Public Distribution and Consumer Protoction Mantralaya, D.K.S. Bhawan, Raipur (C.G.) Sub-Divisional Officer (R) Patan, Head OfRce-Durg (C.G.) District Management, NagrikApurti Nigam, Raipur (C.G.)

3. >\- Writ Petition Ho.6039 of 2005 Petitioners Kisan Prathmik Sahkari Jai Maryadit, Bhandar, Upbhokta Chakwe, Post & Sub-Dwision Arang, District Raipur (C.G.) Through fs President Manharan, S/o Sitaram, aged about 40 years, R/o Chakwe, Post Arang, District Raipur (C.G.) Bhole Sahkarita. Prathmic Jai Maryadit Bhandar Upbhokta Chhatoana, Post and Sub-DMsion Arang, (C.G.) Through: Ifs President: Anil Kumar. S/o Ramta Singh.aged about 25 years, R/o Chhatoana. Post Arang, DistrictRaipur(C.G.) District Raipur Jai Bajrang Audyogic Prathmic Bhandar Upbhokta Sahkarita MaryaditChandinidih, Raipur, district Raipur (C.G.) Through: Ifs President : Lalit Verma, S/o Ratiram Verma, R/o 22 Chandinidih Raipur, District Raipur (C.G.) years, Prathmte Sahkarita. Shivaji Maryadit Bhandar Upbhokla Bilaigarh, Sub-Dh4sion Mohtara. District Raipur (C.G.) Through : fs President : Anil Kumar Dhruw, S/o. Ramlal Dhruw, aged about 32 years, R/o Vill. Mohtara. Sub-DMsion Bilaigarh, District Raipur (C.G.) »* 12

Chadan, Ohm Namah Shh^y Prathmic Sahkarita Upbhokta Bhandar Maryadit Sub-Dh/ision District Raipur Kasdol. (C.G.) Through : It's President: Anil Yadav. S/o. Shankar Yadav, aged about 35 years, R/o Chadan, Sub-DMsion Kasdol, Disfrict Raipur (C.G.) Audyogic Vikas Majdoor Prathmic Sahkarita Upbhokta Bhandar Maryadit Mandhar. District Raipur (C.G.) Through : : Santosh Uike. S/o Chetram Uike. aged about 30 yeare, R/o Mandhar, Post and Tahsil Dharseeva, District Raipur (C.G.) It's President Shri Ohm Sai Prathmte Sahkartta Upbhokta Bhandar Maryadit Majitha, Sub-DMsion Palari-Arang, Dist Raipur Through Ifs (C.G.) : Lok Ram Nishad, S/o President Dhannuram Nishad, aged about 41 years, R/o Majitha, Sub-Division Palari-Arang, District Raipur (C.G.) : Versus StateofChhattisgarh Through Secretary Department of Food Public Distribution and Consumer Protection Mantralaya, D.K.S. Bhawan, Raipur (C.G.) Assistant Food OfRcer Raipur Gramin District Raipur (C.G.) Assistant Food Officer Raipur, Dist. Raipur (C.G.) Assistant Food Officer Bhatapara. District Raipur (C.G.) Assistant Food Offteer Kasdol. District Raipur (C.G.) Assistant Food Officer Bilajgarh. District Raipur (C.G.) Resoondents Petitioners Respondents Petitioners 13 Writ Petition No.8103 of 2005 Jai Maa Bamleshwari Prathmw Swaytta Sahkari Upbhokla Bhandar, Maryadit. Tarrighat, Block-Patan, District Durg (C.G.). Through ifs President S/o Ganesh, aged about 35 yeare. R/o. Tamghat, Tahsil Patan, District Durg (C.G:) Ishwar Bharti. J.V.D. Swayatta Sahkarita Prathmic, Upbhokta Bnahdar Maryadtt Nardhi, Block Patan, District Durg (C.G.) Through : Ifs President : Khoman Banchor, S/o Puranik Banchor, aged about 28 years, R/o. Nardhi, Tahsil Patan. Oistrict Durg (C.G.) Vereus

State of Chhattisgarh Through Secretary Departmentpf Food Public Distributfon and Consumer Protaction Mantralaya, D.K.S. Bhawan. Raipur (C.G.) Assistant Food Offteer Sub-Divisfonal Patan, Head Office- Durg (C.G.) Writ Petition No.5104 of 2006 Wkas Prathmik Sahakari Upbholcta Bhandar, Maryadit, Kharora-Keshla. Post & Sub-DMsion Kharora-Keshla, District Raipur (C.G.) Through Ifs President Gaukaran Verma, S/o. Kishunram Verma, aged about 45 years, R/o. Vill. Kharora, Post and Sub-Dhrision Kharora-Keshla, District Raipur (C.G.) and running fair price shops at Gram Panchayat Motimpurkala Sub-Division Tilda, Gram Panchayat Janjgir, Gram Panchayat-Harod, Gram Panchayat Chhapora, Gram Panchayat-Kurra in District Raipur. Maa Shabari Prathmte Sahkarita, Upbhokta Bhandar Maryadtt 14 Govindvan, Post and Sub-division Bilaigarh, District Rajpur (C.G.) tfs President Through : : Ram Prasad Sahu, S/o. Dharam Singh Sahu, aged about 53 yeare, R/o. Vflll. Govindvan,, Sub-division Bilaigarh, District Raipur (C.G.) and running fair price shop at Gram Panchayat Banahil (Pachari), Gram Panchayat Dumhani, Gram F»ancha^it- Pandripani, Gram Panchayat- Kariyatar, Gram Panchayat- - Bisanpur, Gram Panchayat Panchayat Gram Kharari, Oeverbod, in District Raipur. - Ifs Saber, Putpura, Baijnath, Chhattisgarh Prattimic Sahkarita Bhandar Maryadit Upbhokta Kashdol, District Raipur (C.G.) Through: President : h4angaluram Yadav, S/o. Gopal Yadav, aged about 40 yeare, R/o. VIII. Kashdol. District Raipur (C.G.) and mnning feir price shop at Gram Gram Panchayat Panchayat Gram Panchayat - Kot (Rampur), Gram - Panchayat Gram - Bitari Panchayat (»Q, Gram F»anchayat —Bamhani, Gram Panchayat Gram Panchayat Gram - Panchayat Gram - Panchayat Gram - Gram Panchayat -Navrangpur, Gram Panchayat - Pancha^it Gram Panchayat Gram Panchayat Gram Panchayat - Chharehhed, Gram Panchayat Gram Pancha^it-Khari. -Madawa. - Koatal, Temari, Bagar, Darra, Sinodha, Charoda, Kanji^i, Bareli, - Prathmic Vartika Sahkarita Upbhokla Bhandar Maryadtt Raipur, District Raipur (C.G.) Through: Ifs President: Smt. Arehi Gegum, W/o Mohd. Rafiq, aged about 35 yeare, R/o. Ward No. 33-Gurughasidas Ward, District Raipur (C.G.) and running fair price shops at Ward No. 33 Gurughasidas ward shop No. 33/2 and shop No. 31/2 situated at

4. 15 wardNo.31. Mundra, Chandrahasinj Upbhokta Maa Pnrthmfc Sahkarita Bhandar Maryadit sub-dhflsion Abhanpur, District Raipur (C.G.) Through: Ifs President: Parag Das s/o Mohar Das. aged about 42 r/o Abhanpur, Distt. Raipur years. running fair price shops at (C.G.), Gram Saraipani. Burjabahal, Kaseker. Kherjhitj, Nawapara, Atarmara, Kharkhara, Bharuamuda all in District Raipur (C.G.). Khokhma, Madeli, Kutena, Panchayats MiniMata Prathmfc Sahkarita Uphbhokta Handar Maiyadtt Arang. Distt. Raipw (C.G.) Through: Ifs President: Veer Singh. S/o. Dhwr Singh, aged about 42 yeare. R/o. Aarang, District Raipur (C.G.). Running fair price shops at Gram Panchayats Pirda, Majttha, Kurud (Bhai8a).Bhaismudi. (C.G.) Dharseeva, Through: Kumar Shukta. Jagrook F'rathmic Sahkarita Upbhokla Bhandar Maryadjt Urta, Sub-DMsion Distt. Rajpur Its President: S/o, Gautam Shukta, aged about 48 yeare, R/o. viltage Urta. Sub^Mvision Dhareeeva, District Raipur (C.G.), Running fair price shops at Gram Panchayats Gogaon, Sandongari. Accholi, Versus Stato of ChhrtBsgairh Through Secretory Department of Food PuMic Oi8tributk»nand Consumer Protectfon Mantralaya, D.K.S. Bhawan, Raupur (C.G.) Food Controltor Raipur Oistrict Raipur (C.G.) Assistant Food Offioer Bhatapara, DistrictRaipur(C.G.)

3. Respondente 16

7. Assistant Food Officer Bjlaigarh/Kashdol, Distt. Raipur (C.G.) Assistant Food Offteer Rajpur Gramin, District Raipur (C.G.) Assistant Food Offteer Raipur, District Raipur (C.G.) Sub-Divisional Ofltew (R) Gariyaband. Dist. Raipur (C.G.) Writ Petition No.5113 of 2006 Petitioner : Respondents

4. Chetan Oas S/o Shri Sukh Ram about 30 yeare, Yadav, resident of Village Mova Pandri, Raipur, Poltee Station Pandari Djstrict Raipur (C.G.), President of UUam Prathmik Upbhokta Sahakari Bhandar, Mova, Raipur (C.G.) Versus The State of ChhatUsgarh. through the Secretary, Department of Food Public Distribution. Mantralaya, D.K.S. BuHding. Raipur (C.G.) The Collector, (Food) Raipur Tahsil and District Raipur (C.G.) Th®Sub-Divisfonal Officer (Revenue), RaipurTahsil and DistrictRaipur(C.G.) Food Controller (Food Officer), Office ofthe Coltector, Raipur. Tahsil and District Raipur (C.G.) Petitioner Writ Petition No. 5164 of 2005 Shri Jai Jagdish Prathmik Sahkari Upbhokta Bhandar Maryadft, Office At - Gram Kutera, Block Aarang, District Raipur (C.G.) Through tts President Shri Santosh Yadav S/o Jaipal Yadav aged about 32 yeare R/o Gram Kutera, Block Aarang. Respondente Petitioner 17 (C.G.). District Raipur having altotment of the following fair price shop of Mock Aarang in District Raipur at Gram Panchayat: A) Kutera B) Sivni C) Parsada D) Navagawi E) Tandul Vereus

StateofChhatfegarh, Through the Secretary, Department of Food, Public Distributton and Consumer Protection, Manfrataya, D.K.S. Bhawan, Raipur Collector, Raipur (C.G.) Food Controltor, Coltoctorate. Raipur (C.G.) Sub Dh/istonal OfBcer, Ralpur. District-Raipur(C.G.) Union of India, through Secretary, Minlstry of Consumer Affairs, Food & Public Distribution, New Oelhi. Writ Petitfon No.5156 OF 2005 Jagannath Shri Prathmik Sahkari Upbhokta Bhandar Maryadit. Offtee at Santoshi Nagar, Raipur, District Raipur (C.G.) Through Ms Presictent Shri Anand Kumar Navrange S/o Rajulal Aged about 34 yeare R/o Santhshl Nagar. Raipur, Dist Raipur (C.G.), Having allotment of the followlng Fair Price Shop in Raipur town in Disb-ict Raipur at: A) Santhoshi Nagar Ward. Raipur and in Btock Abhanpur in Djstrict Raipur at Gram Panchayat: B) Kandul C) Bhothidih D) Uparwara E) Raveli 18 F) Chandi G) Ghusera H)Belar Vs.

5. StatoofChhattKgarh, Through the Secretary, Departnwnt <rf Food, Publfc Distribution & Consumer Pirotectfon. Mantrataya. D.K.S. Bhawan, Raipur CoUector, Raipur (C.G.) Food ControUwOWtoer, Raipur, DistrictRaipur(C.G.) Sub Diyisional Offteer. Raipur District-Raipur(C.G.) Untonoflndia Through Secrotaiy. Mintetry of Consumer Aflairs, Food & Publfc Distribution, New Delhi Writ Petition No.5156 OF 2008 Shri Turupdi Bdiiji Pnthmik Srtikari Upbhokto Bhandar Maryadtt, Offte®at- Bhirtagaon, Btock Dhareiwa, District Raipur(C.G.) Through te Presktont Shri Jhabbutal Sahu S/o Parshuram Sahu, Aged about 60 Bk>ck Dharehm, Dtet Raipur (C.G.), Having altotment of the foltowirig Fair Price Shop of Block Dhareiwa in Raipur- District at Gram Panchayat at yeais R/o Bhatagaon, A) Bhatagaon B) IVIathpurena C) Changorbhata D)Boriakata E) Duda F) KathadW StatoofCht^tBsoarh, Through the Secretary, Departmenk of Food, Publte Distributton & Consumer Protaction, Mantralaya, D.K.S. Bhawan, Raipur

2. Coltoctor, Raipur(C.G.) Respondents Petitkmer Resoondents Vs.

1. 19

5. Food Controltor Coltoctorate. Raipur, Sub Dwisfonal Officer, Raipur District-Raipur(C.G.) Unionoflndia Through Secretary, MinistryofConsumer Affaire. Food & Public Distribution, New Delhi Writ Petition No.5157 OF 2005 Shri Ramdeyli Audhyogik Prathmik Sahkari Upbhokta Bhandar Maryadjt, Office at Mandir Hasaud, Block Aarang, District Raipur (C.G.) Through its President Shri Parehuram S/o Nataran Vabdge fivQed about 39 years R/o Gram Mandir Hasaud. Block Aarang, Dist. Raipur (C.G.), Having allotment of the following Fair Price Shop of Block Aarang in District Raipur at Gram Panchayat: A) Dhansuli B) Gujra C) Dhamni D) Kukra E) Sandi StateofChhattisgarh, Through the Secretary, Department of Food, Public Distribution & Consumer Protection, Mantralaya, D.K.S. Bhawan, Raipur Collector, Raipur (C.G.) Food Controlter Coltoctorate, Raipur (C.G.) Sub Divisional Offfeer, Raipur District-Raipur(C.G.) Unionoflndia Through Secredary, Ministry of Consumer Arfeirs. Food & Public Distribution, New Delhi Vs.

5. Petitioner Resoondents Writ Petition No.5168 OF 2006 Petitioner Resoondents Vs.

6. Agrasen Prathmik Sahkari Upbhokta Bhandar Maryadit. Office at Tilda. Raipur, District Raipur (C.G.) Through its President Shri Jairam Verma S/o Kejuram Verma Aged about 32 Tore, Block Dharsiwa. Raipur, Dist. Raipur (C.G.), Having allotment of the fotlowing Fair Price Shop in Tilda town jn District Raipur at: yeare R/o G.P. A) Ward No. 7, Tikla B) WardNo.S.THda StateofChhattisgarh, Through the Secretary, Department <rf Food. Publte Distribution & Consumer ProtecUon, Mantralaya, D.K.S. Bhawan, Raipur Collector, Raipur (C.G.) Food Controltor, Collectorate, Raipur, District Raipur (C.G.) Sub Divisional Officer, Raipur District- Raipur (C.G.) Sub-Divisional Officer (Rwenue) Raipur, District Raipur (CG) Untonoflndia Through Secrctary, Mjnistry of Consumer Affairs, Food & PuMic DJstributfon. NewDelhi Petitioner Writ Petition No.6159 OF 2005 Maa Kanna Prathmik Sahkari Upbhokta Bhandar Maryadtt, Office at Lalpur, Raipur, District Raipur (C.G.) Through its President Shri Bharat Sahu S/o Jhadhi Sahu Aged about 38 years R/o Lalpur. Raipur, Dist. Raipur (C.G.), Having allotment ofthe following Fair Price Shop in Tilda town in District Raipur at: A) WardNo.4.TJkta B) Ward No. 5. Tilda ^ 21 Respondents Vs.

6. And in Bkwk Dharsiwa in District Raipur at Gram Panchayat: C) Manohara D) Bana StateofChhattisgarh, Through the Secretary, Department of Food, Publfc Distribution & Consumer Protection, Mantralaya, D.K.S. Bhawan, Raipur Collector. Raipur (C.G.) Food Controltor, Coltoctorate, Raipur, Sub DhnskMial OfRcer. Raipur District-Raipur(C.G.) Sub-Divisional Offteer (Revenue) Raipur. District Raipur (CG) Union of India Through Secretary, Ministry of Consumer Affaire, Food & Public Distribution. NewDelhi Writ Petition No.5160 OF 2005 PetitiQner Resoondents Vs.

1. Har Har Mahadev Prathmik Sahkari Upbhokla Bhandar Maiyadit, OfRce at G.P. Raipura, Raipur, Disfrict Raipur (C.G.) Through te President Mohd. Astam S/o Razzaka, Aged about 35 years R/o G.P. Raipura, Block Dhareiwa, Raipur , Dist. Raipur (C.G.), Having allotment of the following Fair Price Shop in District Raipur at: A) Gram Panchayat Raipura B) Gram Panchayat Makxl C) Gram Panchayat Raita D) Gram Panchayat Pandarbhata And in Tilda town in District Raipur at: E) Ward No. 1 F) Ward No. 3 StateofChhattisgarh. Through the Secretary, Department of Food, Public Distribution •^-4 22

6. & ConsumerProtection, Mantralaya, D.K.S. Bhawan, Raipur Collector, Raipur (C.G.) Food Controller, Collectorate, Ra^>ur, Sub DMsional Offteer, Raipur District-Raipur(C.G.) Sub-DivisJonal OfRcer (Revenue) Raipur, District Raipur (CG) Union of India Through Secretary, Ministry of Consumer Alfairs, Food & Public Distribution. New Delhi Writ Petition No.5161 OF 2006 Petitioner Resoondents Vs.

5. Ambedkar Prathmik Sahkari Upbhokta Bhandar Maryadft, Offtee at Godhi, Btock Dareiwa. District Raipur (C.G.) Through its PresidentShri Bhagchand S/o Jethu Ram , Aged about 30 years R/o Godhi, Block Dhareiwa, Raipur , Dist. Raipur (C.G.), Having allotment of Uie following FairPrice Shop in Tilda ^ town in District Raipur at: A) WardNo.11.Tiktatown B) WardNo.12.TJUatown C)WardNo.15.Titelatown StateofChhattisgarh. Through the Secretary, Department of Food, Public Distribution & Consumer ProtecUon, Mantralaya. D.K.S. Bhawan, Raipur Collector. Raipur (C.G.) Food Confrolter, Coltoctorate, Raipur, Sub Dh^lsional Officer, Raipur District-Raipur(C.G.) Sub-Divisional Officer (Revenue) Raipur, Oistrict Raipur (CG) 23

6. Unfonoflndia Through Secretary, Ministry of Consumer Affairs, Food & Public Distribution, New Delhi Writ Petition No.5182 OF 2005 Petitioner Respondents Vs.

6. Mini Mata Prathmik Sahkari Upbhokta Bhandar Maryadit. Office at G.P. Semaria, Block Aarang, Raipur, Disfaict Raipur (C.G.) Through its Preskient Shri Veer Singh S/o Tuka Ram. Aged about 31 yeare R/o G.P. Semaria, Block Aarang, Raipur, Dist Raipur (C.G.), Having allotment of the following Fair Price Shop in Block Aarang in District Raipur at Gram Panchayat: A) Pirda B) Majitha C) Kurud (Bhaisa) D) Bhaismudi StateofChhattogarh. Through the Secretary, Department of Food, Public Distribution & Consumer ProtecUon, Mantrala^i, D.K.S. Bhawan. Rajpur Collector, Raipur (C.G.) Food Controltor, Coltectorate, Raipur, Sub Divisfonal OfRcer, Raipur District-RaJpur(C.G.) Sub-Divisional Officer (Revenue) Raipur. District Raipur (CG) Unionoflndia Through Secrelary, Ministry of Consumer Affaire, Food & Public Distribution. New Delhi Writ Petition No.5187 OF 2005 Petitioner Sahkari Panchmukhi Upbhokla Bhandar Maryadit, Offtee at Fingeshwar. District Raipur (C.G.) Prathmik 24 Through its President Shri Ashok Kumar S/o Ramesh Kumar, Aged about 28 years R/o Fingeshwar, Block Fingeshwar. Dist. Raipur (C.G.), Having allotment ofthe foltowing Fair Price Shop of Block Gariabandh in Raipur District at Gram Panchayat : A) Ghatod B) Kosambuda C) Jungledhawalpur D) Chidaula E) Duda And in Btock Mainpur in Raipur District at Gram Panchayat F) Bajadi G) Golmaal H) Dumaghat I) Chaildongri J) Chalnapadar K) Bhainsmudi L) Sargiguda M) Oeharguda N) Ghumrabadar O) Samabaahal P) Kodobhat StateofChhattisgarh. Through the Secretary, Department of Food, Public Distribution & Consumer Protection, Mantrataya, D.K.S. Bhawan, Raipur Collector, Raipur (C.G.) Food Controltor, Collectorate, Raipur, Sub Divistonal Oflfoer, Raipur District-Raipur(C.G.) Sub-Divisional Officer (Revenue) Raipur, District Raipur (CG) Unionoflndia Through Secretary, Ministry of Consumer Affaire, Food & Public Distribution, New Delhi Resoondents Vs.

6. Petitioner Writ Petition No.5188 OF 2005 JAI Veer Hanuman Prathmik Sahkari Upbhokta Bhandar Maryadit. Officeat-G.P 25 Dondekala, Block Ohareiwa, Oistrict Raipur (C.G.) through its President Shri Lokuram S/o Pyarelal, aged about 45 years R/o Dondekala, Block Dharsiwa, District Raipur (C.G.) having allotment ofthe following fair price shop of Block Dhars'iwa in Raipur District at Gram Panchayat: A) Chapora B) Akoli And in block aarang in Raipur District at Gram Panchayat - C) Semaria StateofChhaffisgarh. Through the Secretary, Department <rf Food, Public Distribution & Consumer Protection, Mantralaya, D.K.S. Bhawan. Raipur Collector, Raipur (C.G.) Food Controller, Coltectorate, Raipur. Sub Divisional Officer, Raipur Disfrict-Raipur(C.G.) Sub Divisional Officer (Revenue) Raipur, District Raipur (CG) Union of India Through Secrelary, Minisby of Consumer Affairs, Food & Public Distribution, New Delhi Resoondents Vs.

6. Petitioner Writ Petition No.5189 of 2005 Prathmik Sahkari Mangalam Upbhokta Bhandar Maryadit, OfRcer at Simga-, Block Bhatapara, District Raipur (C.G.) Through its Presiderrt Shri Agasti Soni S/o Nand Kishore Soni, Aged about 35 years R/o Simga, Block Bhatapara, District Raipur (C.G.), Having allotment of the following fair 26 price shop of block Bhatapara in Raipur District at Gram Panchayat: A) Bishrampur B) Duldula C) Khanduwa Versus

5. State of Chhattisgarh, Through the Secretary, Department of Food, Public Distribution & Consumer Protection, Mantralaya, D.K.S. Bhawan, Raipur Collector, Raipur (C.G.) Food Controlter, Collectorate, Raipur Sub Divisional Officer, Raipur, District-Raipur(C.G.) Union of India, through Secretary, Ministry of Consumer Affairs, Food & Public Distribution, New Delhi. Writ Petition No.5334 of 2005 Jai Maa Bamleshwari Prathmik Sahkari Upbhokta Bhandar Maryadit, Office at - Ravabhata, Bhanpuri. District Raipur (C.G.) through its President Shri Bhagwan Das Agrawal S/o Late G. L. Agrawal, aged about 43 years R/o Bhanpuri. Block Dharsiwa, District Raipur (C.G.). having allotment of following fair price shop of Block Dharsiwa in Raipur District at Gram Panchayat: A) Ravabhata B) Kara C) Sondhra D) Bendri E) Bahesar Versus StateofChhattisgarh, Through the Secretary, Department of Food, Public Distribution & Consumer Protection, Mantralaya, D.K.S. Bhawan, Raipur Resoondente Petitioner Resoondents

1. 27

6. Collector, Raipur (C.G.) Food Controlter, Collectorate, Raipur (C.G.) Sub Dwisional OfRcer, Raipur. District - Raipur (C.G.) Sub Divisional Officer, (Revenue), Raipur. District- Raipur (C.G.) Union of India, through Secretary, Ministry of Consumer Affaire, Food & Public Distribution, New Delhi. Writ Petition No. 5335 of 2005 Jai Bharat Mata Prathmik Sahkari Upbhokta Bhandar Maryadit, Office at - G.P., Raipura, Raipur, District Raipur (C.G.) Through its President Shri Arun Singh S/o Kapil Singh, aged about 48 years R/o G.P. Heerapur, Block Dharsiwa, Raipur, Dist. Raipur (C.G.), having allotment of following fair price shop in Block Dharsiwa in District Raipur at Gram Panchayat: A) Heerapur B) Bana Versus State of Chhattisgarh, Through the Secretary, Department of Food, Public Distribution & Consumer Protection, Mantralaya, D.K.S. Bhawan, Raipur Collector, Raipur (C.G.) Food Controlter, Coltoctorate, Raipur Sub Dh^sional Officer, Raipur, District-Raipur(C.G.) Sub Divisional OfRcer. (Revenue), Raipur. District- Raipur (C.G.)

5. Petitioner Resoondents —,. 28

6. Union of India. through Secretary, Ministry of Consumer Aflfairs, Food & Public Distribution, New Delhi. Writ Petition No. 5336 of 2008 Petitioner : Respondents

6. Maa Kamakhiya Prattimik Sahkari Upbhokta Bhandar Maryadit, Office at - G.P. Sim, Block Tilda, District Raipur (C.G.) Through its President Shri Sitaram Kannoje S/o Phukelram Kannoje, aged about 35 years R/o G.P. Sirri, Block Tilda, District Raipur (C.G.). having altotment of the following fair price shop of Block Tilda in Raipur District at Gram Panchayat: A) Sirri B) Padhabhat C) llda D) Ghwra Versus StateofChhatBsgarh, Through the Secretary, Department of Food, Publte Distributton & Consumer Protection, Mantrataya, D.K.S. Bhawan, Raipur Collector, Raipur (C.G.) Food Controlter. Collectorate. Raipur Sub Dh/isional Officer, Raipur, District-Raipur(C.G.) Sub Divisional Officer, (Revenue), Raipur. District - Raipur (C.G.) Unton of India, through Secretary, Ministry of Consumer Affairs, Food & Public Distribution, New Delhi. Writ Petition No. 5337 of 2006 Petitioners:

1. Laxmi Prathmik Sahkari Jai Maryadit. Bhandar Upbhokta Diohari ((A cooperative registered provisions 29 Sahkari SamiUya Chhattisgarh Adhiniyam. 1960 (17 of 1961) President Sakeshwar Sahu Aged about 30 yeare S/o Late Shri Devalal Sahu R/o Village Dighari Blcok Arang, District Raipur (C.G.) Sahkari provisions Shri Bajrang Prathmik Sahkari Maryadit, Bhandar Upbhokta Soniyadih (A cooperative registered Samitiya Chhattisgarh Adhiniyam, 1960 (17 of 1961) President Milapram Kareh Aged about 35 yeare S/o Shri Nankiram Karsh R/oWllageSoniyadih Vikaskhand Bilaigarh, DistrictRaipur(C.G.) Sahkari Maa Anpuma Prathmik Sahkari Maryadit, Bhandar Upbhokta cooperative Soniyadih ((A registered under the provisions of Samitiya Chhattisgarh Adhiniyam. 1960 (17 <rf 1961) Das President Vaishnav Aged about 40 years Shri S/o Vaishnav R/oWltageKhaparidih Vikaskhand Kasdol, District Raipur (C.G.) L:akheshwar Maheshwar Das Versus State of Chhatfisgarh, Through the Principal Secretary, Department of Food, Public Distribution & Consumer Protection, Mantralaya, Dau Kalyan Singh, Bhawan, Raipur (Chhattisgarh) Collector. Raipur (Chhattisgarh) Food Controtter (Food Officer). Office ofthe Collectorsrte Raipur (ChhatUsgarh) Sub DMsional Officer, Raipur, DistrictRaipur(C.G.)

4. Respondents Petitioners: 30

6. Sub Divisional Officer, Bilaigarh, District-Raipur(C.G.) Union of India, Through the Secretary, Ministry of Consumer Affaire, Food & Public Distribution. New Delhi. Writ Petition No. 6338 of 2006 Laxmi Prathmik provisions Jai Sahkari Upbhokta Maryadit, Bhandar Sarora (A cooperative registered Chhattisgarh Samitiya Adhiniyam. 1960 (17 of 1961) President Bhure Khan Aged about 43yeare S/oShrilsakKhan R/o Wllage Sarora Block Tilda, DistrictRaipur(C.G.) Sahkari Udanti Prathmik Sahkari Upbhokta Bhandar Maryadit, Mainpur Jadapadar cooperatwe (A registered under the provisions of Chhattisgarh Sahakari Samitiya Adhiniyam. 1960 (17 of 1961) PresidentPratishMehta Aged about 28 years S/oShriB.R.Mehta R/o Village Mainpur Jadapadar Tehsil & Block Gariyaband DistrictRaipur(C.G.) Durga Prathmik provisions (A cooperative Sahkari Jai Upbhokta Bhandar Maryadtt. Bade Uria registered Chhattisgarh Sahakari Samitiya Adhiniyam, 1960 (17 of 1961) President Smt. Manju Yadav Aged about 45 yeare W/o Shri Satmhan Lal Yadav R/o Village Bade Urta Tehsil & Block Abhanpur, DistrictRaipur(C.G.) Jai Annpuma Prathmik Sahkari Upbhokta Bhandar Maryadit, Bendri (A cooperative registored 31 provisions ChhatUsgarh Sahakari Samitiya Adhiniyam, 1960 (17 of 1961) President Gauteran Sahu Aged about 30 years, S/o Shri Uderam Sahu R/o Village Bendri Tehsil & Btock Abhanpur District Raipur (C.G.) Resoondents

6. Versus StateofChhattisgarh. Through the Prindpal Secretary, Department of Food, Public Distribution & Consumer Protection, Mantralaya, Dau Kalyan Singh, Bhawan, Raipur (Chhattisgarh) Coltector, Raipur (ChhatGsgarh) Food Controller (Food Oflteer), Office ofthe Collectorate Raipur (Chhattisgarh) Sub Divisional Offfcer. Raipur, DistrictRaipur(C.G.) Sub Divisional Offteer, Bilaigarh, District-Raipur(C.G.) Union of India, Through the Secretary, Ministry of Consumer Affairs. Food & Public Distribution. NewDelhi. Writ Petition No. 5441 of 2005 Petitioners:

1. Duig Jai Bhawani Swayatt Sahakari Prathmik Upbhokta Bhandar Maryadit, Borai, Block-Durg, Distt. President - Mahendra Kumar SSnha, S/o Thumuklal Sinha, aged about 41 years, R/o Wllage - Borai, Distt.-Durg(C.G.) Through (C.G.), A. Borai B. Damoda (Dependent Vil. - Khurshkleeh) in Gram Panchyat- C. Arehi, add with 32 Gram Panchayat Chicha & Sukharikala Maa Shakti Swayatt Sahakari Upbhokta Prathmik Bhandar SillJ, Wkas Kand - Maryadit. Dhamdha, Distt. - Durg (C.G.), Through its President - Kanti Kumar Sahu, S/o Kheduram Sahu, aged about 30 years, R/o Vitlage - Silli, Tah. - Dhamdha, Distt. - Durg (C.G.) A. Silli B. Pathariya Maa Chandi Swayatt Sahakari Upbhokta Prathmik Bhandar Maryadit, Daniya, Btock-Dhamdha, Distt. - Durg (C.G.). Throuflh its President - Murariram Patel, S/o Dewaprasad Patel, aged about 45 years. R/o Village - Daniya, Vikas Khand-Dhamdha, Distt. - Durg (C.GJ A. Daniya B. Sumakala Vil. (Dep. Bhadaghat, Ghsara)

4. Mahama^i Trimurti Swayatt Sahakari Prathmik Upbhokta Maryadit, Bhandar Birshapur. Block-Dhamdha, Distt. - Durg (C.G.), Through its President - Youvraj Gupta, S/o Basant Gupta, 33 R/o yeare. Dhamdha, Distt. - Durg (C.G.) Birshapur. B. Village-Kutha) A. Pendry C. (Dependent Nagar Panchayat Dhamdha, Wrd No. 9 to 15, D. Gram Panchaya Bhatakokdi (Ghoto) & Bhotwani, E. Navagaon (Salhe). F. Rondha G. Viroda H. Khajri Resoondents

1. Versus StateofChhattisgarh, Through: The Secretary, Departrnent of Food, PuMic Disbnbution & Consumer Protection. Mantralaya, D.K.S. Bhawan. Raipur 33 (C.G.)

5. Collector, Durg (C.G.) Food Confroltor, Coltectorate Durg Sub Divisjonal Offteer, (Revenue), District-Durg(C.G.) Union of India, Through : The Secretary, MinistryofConsumer Affaire. Food & Publte Distributten. New-Delhi. Writ Petition No. 8489 of 2005 Chandraj Swayatt Sahakari Prathmjk Upbhokla Bhandar Maryadit, Sandi Block & Tahsil Beria. District Durg (C.G.), through its President Nand Kishore Pandey. aged about 27 yeare, resident of Sandi Tahsil Beria, District Duig And running fair price (C.G.). : Maniyari, & Saldha. at Gram Panchayat Sandi Daganiya,

4. Versus StateofChhattisgarh, Through Secretary Department of Food, Public Distribution and Consumer Protection Mantralaya, D.K.S. Bhawan, Raipur (C.G.) Food Controlter, Raipur District Raipur (C.G.) Assistant Food OfRcer, Bemetara, DJstrictDurg(C.G.) Sub Divisional Officer. Saja District Durg (C.G.) Writ Petition No. 6979 of 2006 Petitioner: Responctents Petitioners:

1. Jan Manas Swayatta Sahakari 34 Prathmik Sahakari Upbhokta Bhandar Maryadit, Kodia (A cooperative registered under ChhatUsgarh provisions Swayatta Sahkarita Adhiniyam 1999, President Khilawan Ram Sahu, Aged about 42 years, S/o Shri Bhuwan Lal Sahu, R/o Village Kodia Post Pauwara. Tahsil & District Durg (C.G.) provisions Shivaji Swayatta Sahakari Prathmik Upbhokta Bhandar Maryadit. Kuthrel ( A cooperative registered ChhatUsgarh Swayatta Sahkarita Adhiniyam 1999, President Bramhanand Chandrakar, Aged about 50 years, S/o Shri Chandulal Chandrakar, R/o Village Kuthrel Post Kuthrel, Tehsil & District Durg Respondents Shri Jai Swayatta Sahakari Prathmik Upbhokta Bhandar Maryadit, Umarpoti (A cooperative registered under the provisions of Chhattisgarh Swayatta Sahkarita Adhinjyam 1999. President Kartik Ram Sahu, Aged about 52 years, S/o Shri Tirathram Sahu, R/o Village Umarpoti Tehsil & District Durg (C.G.) Versus State of Chhattisgarh. Through the Principal Secretary, Department of Food. Publte Distribution & Consumer Protection, Mantralaya, Dau Kalyan Singh, Bhawan, Raipur (Chhattisgarh)

3. Collector, Durg (ChhatUsgarh) Food Controller (Food Officer), Offtee of the Collectorate Durg (Chhattisgarh) Sub Divisional Officer, Durg District Durg (C.G.) Union of India, Through the Petitioners: 35 Secretary, Ministry of Consumer Affairs, Food & Public Distribution. New-Delhi. Writ Petition No. 5984 of 2005 Kisan Swayatt Sahakarai Prathmik Upbhokta Bhandar Maryadit, Hirri, Vikas Khand - Dhamdha. Distt. - Durg (C.G.), Through its President - Ajay Sharma, S/o Late Prabhulal Sharma, aged about 42 years, R/o Gram Post - Hirri. Tah. Dhamdha, Distt.-Durg(C.G.) A. Hirri B. MadiyaparC. Potiya, Maa chandike Swayatt Sahakarai Prathmik Upbhokla Bhandar Maryadtt, Siloda, Block - Durg, Distt. - Durg (C.G.), Through its President - Kamlesh Kumar Pawar, S/o Anup Singh Pawar, aged about 35 years, R/o Village - Siloda, Block - Durg, Distt. - Durg (C.G.) A. Siloda (Khapri) C.Rashmuda D.Ganiyari B. Mahmara Jai Hardevlal Swayatt Sahakarai Upbhokta Prathmik Bhandar Maryadit, Bhedsar. Vikas Khand - Durg, Distt. -Durg (C.G.), Through its President - Ramdas Desmukh, S/o Milan Singh Deshmukh. aged about 43 years, R/o Village - Bhedsar, Block-Durg, Distt.-Durg (C.G.) A. Bhedsar B. Anjora (Dhaba) Respondents Versus State of Chhattisgarh, Through: The Secretary, Department of Food. Public Distribution & Consumer ProtecUon, Mantralaya, D.K.S. Bhawan. Raipur (C.G.)

3. Coltoctor, Durg (C.G.) Food Controller, Cotlectorate Durg 36 (C.G.)

5. Sub Divisional Officer, (Revenue). District-Durg(C.G.) Union of India, Through : The Secretary, MinisfryofConsumer Aflairs, Food & Public Distribution, New-Delhi. Writ Petition No. 6069 of 2006 Jai Durga Swayatt Sahakarai Prathmik Upbhokla Bhandar Mairyad'rt, Khopli. Btock - Durg, Distt. - Durg (C.G.), Through ite President - Domantal Bharti, S/o Bhaktu Ram Bharti, aged about 40 yeare. R/o Village Khopli Block & Dist: Durg a. Khopli b. Ghughusklih (Depend on Khopli) Rahul Swayatt Sahakarai Prathmik Upbhokta Bhandar Maryadtt, Aanda, Block - Durg,, Distt. - Durg Hs President (C.G.), Virendra Kumar Chandrakar, S/o Lal Chandrakar, Lakhan about 37 years, R/o Village Anda, Dist: Durg-(C.G.) Through A. Ando B. Katro C. Chingri Versus StateofChhattisgarh, Through: The Secretary Department of Food Public Distribution & Consumer Protection, Mantralaya, D.K.S. Bhawan, Raipur (C.G.)

3. The Collector, Durg, Dist: Durg - (C.G.) Food Controltor, Collectorate Durg - Sub Divisional Officer, ^evenue), Petitioners: Respondents 37 District - Durg (C.G.)

5. Union of India, Through : The Secretary. Ministry of Consumer Affairs, Food and Public Distribution, NewDelhi. Writ Petition No. 6076 of 2006 Petitioner : Resoondents

5. Swayatt Sharda Sahakarai Prathmik Upbhokta Bhandar Maryadit, Janjgiri, Block - Durg, Distt. - Durg (C.G.). Through its President Jagdish Singh Thakur S/o Poshan Singh Thakur, aged about 43 years, R/o Village Janjgiri, P.0. Kutharel, Block - Durg, Dist: Durg - (C.G.) A. Village - Machandur B. Chirpoti C. Janjgiri Versus StateofChhattisgarh. Through -The Secretary Department Food Publfc Djstribution & Consumer Protection, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The Collector, Durg, Dist : Durg - Food Controller, Collectorate Durg - Sub Divisional Officer, (Revenue), Dist: Durg (C.G.) Union of India, Through : The Secretary, Ministry of Consumer Affaire, Food and Public Oistribution, New Delhi. Writ^etition No. 6663 of 2005 Petitioners:

1. Ma. Bharti Prathmik Sahakari Bhandar Upbhokta Maryadit, Ahiwara. Distt. - Durg (C.G.). Through its President - Brijesh 38 .../-^5 Sharma, S/o Omprakash Sharma, aged about 42 yeare, R/o New Market, Dlstt. - Durg - (C.G.) A. Bagdumar. Mini mata Prathmik Sahakari Upbhokte Bhandar Maryadit, Bhilai. Distt. - Durg (C.G.), Through its President - R.K. Yadaw. S/o Jaddu Yadav, aged about 58 years, R/o - Subhash Market. Bhilai, Distt. Durg - (C.G.) A. Ahnvara Ward no. 14-15. Mitan Swayatt Sahakari Prathmik Maryadit, Upbhokta Bhandar Murmunda, Vikas Khand - Damda. Distt. - Durg (C.G.), Through its President - Alakh Ram Kasyap, S/o Abhay Ram, aged about 38 Nfillage-Murmunda, years, Tahsil - Dhamda, Distt. - Durg - R/o A. Lahanga B. Ahhwara ward 7-8 C. Otiband D. Dumar E. Marmunda F. I. Dhour G. Daba H. Manpuri Gohari Sahakari Prathmik Samta Upbhokta Bhandar Maryadit, New Khurshipar, Bhilai. Distt. - Duig (C.G.), Through te President - w/o Smt. Omprakash, aged about 45 years, R/o Village - New Khurshipar, Bhilai, Distt.-Durg-(C.G.) A. Ahiwara ward 1-3 B. Ahhwara ward 14-15 Sandhya devi, Resoondents Versus StateofChhatGsgarh, Through :The Secretary Department of Food Public Distribution & Consumer Protection, Mantralaya, D.K.S. Bhawan, Raipur (C.G.)

3. Collector, Durg (C.G.) Food Confroller, Collectorate Durg - (C.G.) Sub Dhnsionat Officer, (Revenue). Distt. - Durg (C.G.)

5. Union of India. Through : The Secretary. Ministry of Consumer affairs, Food and Public Distribution, New-Delhi. Present: Shri Kanak Tiwari, leamed Sr. Advocate w'rth Shri Prateek Sharma, Shri Kashif Shakeel, Shri A.S. Rajput, Shri Ajay Dwivedi and Shri Sanjay Agrawal, learned Advocates for the petitioners. Shri Prashant Mishra. leamed Addl. Advocate General with leamed Dy. Govt. Advocate for the Shri Utkarsh Verma, State/respondents. Shri. S.K. Beriwal, India. leamed Standing Counsel for Union of ORDER (Passedon 20th July, 2006) The following order of the Court was passed by S.R. Nayak, CJ. In this writ petition, the validity of Clause 9 (2) of Uie Chhattisgarh Public Distribution System (Control) Order. 2004 (for short 'the Control Order, 2004') is called in question. In addition, the Circular issued by the Principal Secretary, Food, Civil Supplies and Consumer Protection Department

23.03.2005 certain orders communications issued by the subordinate autiiorities of the Department of Food, Civil Supplies and Consumer Protection are also assailed. At frie threshold, it needs to be noticed that the Circular issued by the Principal Secretary and the orders and communications issued by the subordinate authorities of the Department of Food, Civil Supplies and Consumer Protection are all underthe Control Order, 2004. (2) On an earlier occasion, a bateh of writ petitions (W.P. N0.445/2005 and batch) were preferred questioning certain provisions of the Control Order, 2004. This Court by its order dated 06.09.2005 40 disposed of those writ petitions with certain declarations and directions. The operative portion of the order r^ad^ as follows: "(44) In the result, we hold that:- (O the provisions in Clause 9(1) of the Order 2004 that fair price shops run by private persons shall not be continued and wittiin sb( months from the commencement of the Order, fair price shops run by private persons cancelled discriminatory and are not violative of Articte 14 of the Constitution.

(ii) the contract between the petitioners who are private persons and the State Govemment in so far as it provides for running fair price shops by the petitioners who are private persons have become unlawful after the expiry of six months' period from the date of enforcement of the Order 2004 and have to be cancelled. (iii) The provisions of Sub-clauses (4) ( c) and (5) of Clause 9 of the Order 2004 in so far as they provide that Consumer Co-operatives which are not registered under the Chhattisgarh Co-operatwe Societies Act, 1960 or which are registered after 1st November 2000 will not be allotted fair price shops are ultra vires Article 14 ofthe Constitution. (iv) The provision in Sub Clauses (3) and (4) of Clause 9 of the Order 2004 for allotment of fair price shops to 41 primary Credit Co-operative Societies is ultra vires the Chhattisgarh Co-operative Societies Act, 1960 and only those out of "Other Co-operative Societies" can be allotted fair price shops under the Order 2004 whlch are permHted under the Chhattisgarh Co- operative SocieGes Act, 1960 or the Chhattisgarh Swayatya Sahkarita Adhiniyam, ^QQQ to run fair price shops.

(v) Co-operative Societies which have been running fair price shops prior to the Order 2004 witl continue to run the fair price shops in terms of Uie agreement between the Co-operath/e Societies and the State Govemment the full period for which the agreement has been made and allotment made in their favour can be cancelled only terms of the said agreement. (vi) The provisions in Sub Clauses (3) and (4) of Clauses 9 of the Order 2004 for allotting fa9ir price shops to LAMPS, Gram Panchayats, Women's Self Help Groups and Forest Protection Committees are valid, but the provisions in the said Sub Clauses (3) and (4) of Clauses 9 of the Order 2004 providing for reservation and priority in favour of some of specified agencies in the matter of allotonent of fair price shops are ultra vires Article 14 of Constitution. "•^ 42 4) (vii) The agencies specified in the Order 2004 ar6 to be considered for allotment of fair price shops without any priority or reservation in favour of any category of specified agencies and the guideline to be followed for making Uie allotment offair price shops as indicated in Section 3 of the Act and the Order 2004 is that fair price shop would be allotted to an agency specified in the Order 2004 which can best distribute essential commodities to the ration cardholders at fair prices in any particular area.

(viii) Sub clause (3)( c) of Clause 9 in so far as it provides for appointment of all sales persons in the fair price shops operating in ITDP areas from BPL families of local tribal communities is ulfra vires Article 14 of the Constitution. (ix) Sub clause (7) of Clause 9 of the Order 2004 in so far as it provides for appointment of sales pereons in fair price shops in other areas only from among Scheduled Castes and Other Backward Castes 1 ultra vires Article 14 of the Constitution. The writ petitions are disposed of with the aforesaid declarations and directions and the interim ordere passed by the Court stand vacated. Consictering the facls and circumstanccs of the case, however, the parties shal! bear Itieir own cost. " When the matter stood thus, these writ petitions were filed complaining mainly that despite the judgment of this Court in W.P. No.445 of 2005 and 43 the bateh, "the respondents under obvious political pressure have issued the impugned order for taking back all the fair price shops from the petitioners except one each in their areas of operation and allotting taken back shops primarily to the Women Self Help Groups which agencies are motley composition of political workers and inexperienced women without any comparative competence to run such fair price shops which the petitioners possess".

According to the petitionere, the Circulare and Orders issued by the respondents are confrary to the contents and the spirit of the judgment of this Court in W.P. N0.445/2005 and the bateh as well as uftra wres ofthe Essential Commodities Act. (3) In the premise of ttie above contentions, in W.P. No.5110/2005 the following relief(s) are sought: "7. RELIEFS SOUGHT: The petitioner craves the indulgence of the Hon'bte Court;

2. To kindly call for ttie records from the respondents. To kindly issue a writ of certiorari for quashment of the impugned order dated 6/10/2005 (Annexure P/8). communication dated 7/10/2005 (Annexure P/9) and Clause 3 (iii) of the circular issued by the Prindpal Secretary, Food, Civil Supplies and Consumer Protection Department being violative of Articles 14 and 21 ofthe Constitution of India.

3. To kindly issue a writ of mandamus to the respondents to make objective parameters/guidelines for allotment of fair price shops before awarding any tetter of appointment. -^^ 44

4. To kindly quash the circular issued by the Principal Secretary dated 23/3/2005.

5. To kindly quash the Clause 9(2) of the Order 2004 being ultra vires to the Constitution of India.

6. To kindly quash the order vide No./273/Khadya Lipik/BNo. Shi. Kra. 80/2005 dated 14.10.05 issued by the respondent no.6.

7. To kindly make any other orders or writs that may be deemed fit and just including awarding of the costs to tiie petitionere. " (4) Opposing the writ petitions, the respondents have filed their returns. (5) On behalf of the petitioners, Shri Kanak Tvwan, leamed Sr. Counsel made his submissions. Shri Kanak Thwari referred to the pteadings and grounds taken in W.P. No.5110/2005 only and not to the pleadings. grounds or relief(8) claimed in any other writ petitions. Leamed counsel appearing for the petitioners in various other writ petitions, after the conclusion of the submission of Shri Kanak Tiwari, only submitted that they would adopt the submissions of Shri Kanak Tiwari and they did not argue any point in support of the writ petitions in which they appeared. (6) Although number of reliefs are sought in the writ petitions, for example. in W.P. No.5110/2005, Shri Kanak Tiwari would not press for all those reliefs, but, confine his submission to quashing of Clause 9 (2) of the Control Order, 2004, Annexures-P/8 and P/9 Order and Communication dated 06.10.2005 and 07.10.2005 respectively and order of the 6th 45 respondent dated 14.10.2005.

Although the achial pleading part ofW.P. No.5110 of 2005 runs to 21 typed pages (total pages 35), the main compalint of ttie petitioner which we could gather from the pleading as well as the submissions of Shri Kanak Tiwari is that notwithstanding the judgment of this Court in W.P. No.445/2005 and the bateh and wjthout there being any enabling provision under the Control Order, 2004 to restrict the number of shops, ttie respondents-State Authorities high- handedly and under political pressure sought to cancel number of shops allotted to the petitionere- societies except one each in their areas of operation. There is no need for us to decide whether in terms of the judgment of this Court in W.P. No.445/2005 and the bateh, respondents authorities could have restricted the shops only to one and whetherthe impugned orders passed bythe authorities and of Rcers ofthe Department of Food, Civil Supplies and Consumer Protecti^on are justffied or not.

We say this, because, there has been a development after the disposal of Writ Petition No.445 of 2005 and the bateh by this Court on 06/09/2005 and after these writ petitions were filed in this Court. In the retum filed on behalf of the State of Chhattisgarh, it is stated that in order to comply with the declarations made and directions issued by this Court in W.P. No.445 of 2005 and the bateh, the Government has amended the Control Order, 2004 by issuing a notification dated 21/03/2006 marked as Annexure-R/1. The amended sub-Clause (2) of Clause 9 of the Control Order, 2004 reads as follows: "(2) (a) In district headquarters Fair Price Shops shall be allotted by Food Controlter/Food Officer on approval of Collector and in remaining places of District, by sub divisional officer of sub division on approval of Collector. s»/ 46 (b) In areas where more than one primary credit co-operative societies exists, allocation shall be made on ttie recommendations of the Deputy Registrar/Assistant Registrar of district.

Recommendations shall be on the basis of economic status, ability to supply the foodgrain and other essential commodities to ration cardholders regularly, and such other retevant factore, which may be determined by the State Government from time to time. Fair price shop shall be allotted to only those Co-operative society which is constituted with the object of distributing or selling essential commodities to its member and to other people in the area. Ordinarily one fair price shop shall be allotted fo any agency for te area of operation to ensure regular supplies of essential commodities to ration cardholders, authorized officer may allot more than one fair price shop to any agency by assigning specific reason, but in any case the number will not exceed three fair price shops. allotment Fair Price Shop For advertisement shall be published in local it shall be newspapere and information of gh/en to concemed urban local bodies and Gram Panchayat compulsorily. " (c) (d) (7) In the course of hearing, we were told that even the valid'rty ofthe amended provision ofthe Confrol Order, 2004 vfcle notification dated

21.03.2006 was assailed in a bateh of writ petitions in this Court and they ^y^ 47 are pending. In view of this development, reviewing the validity of the un- amended sub-Clause (2) of Clause 9 ofthe Control Order.2004 impugned in this bateh of writ petitions would not arise. When that was pointed out by us to Shri Kanak Tiwari, leamed Sr. Counsel, he would submit that though that is the position, nevertheless, the Court should look into the validity of the un-amended sub-Clause (2) of Clause 9 of the Control Order.2004 and see the high-handed action and conduct of the State and the State Authorities and scant disrespect shown by them to the judgment of this Court dated 06.09.2005 made in W.P. No.445/2005 and the bateh. We could not accede to the request of Shri Kanak Tiwari. It is well setMed that the Court should undertake the constitutional validity of a tegislation or validity of a delegated or subordinate legislation only if that is absolutely necessary in order to decide a lis brought before the Court and to grant relief to an aggrieved party.

The un-amended provisions of sub-Clause (2) of Clause 9 of the Control Order, 2004 is no longer a part of the statute and it disappeared from the statute with w.e.f. 21.03.2006 when it was replaced by a new provision. Of couree, it is the contention of Shri Kanak Tiwari that even the amended sub-Clause (2) of Clause 9 of the Control Order. 2004 vkle notification dated 21.03.2006 is invalid being violative of the declarations and directions issued by this Court in W.P. No.445/2005 and bateh in its judgment dated 06.09.2005. Whether it is so or not need not be gone into in this batch of writ petitions. Since the amended provision of sub-Clause (2) of Clause 9 of the Control Order. 2004 has been assailed in a bateh of writ petitions. it is open for the petitioners to urge all permissibte grounds to attack the validity of the same in those writ petitions. Nobody can take away that liberty of the petitionere.

If the examination of the validity of un-amended provision of sub-Ctause (2) of ^ 48 Clause 9 of Confrol Order, 2004 cannot be gone into in these writ petitions in view of the amendment of that provision w.e.f. 21.03.2006 for the reasons stated above, for the same reasons reviewing the validity of certain orders, circulars and communications issued under the un- amended provisions of the Control Order, 2004 impugned in this bateh of writ petitions would also not arise. (8) In the result, we dismiss these writ petitions as infructuous and unnecessary. In the facts and circumstances of the case, we direct that the parties shall bear their respective costs in all these writ petitions. Sd/-, Chief Justice Sd/- DUip Raosaheb Deshmukh Judge Brajesh*