✦ Chhattisgarh High Court · 23 Jan 2023

Jai Durga Swayatt Sahakari Prathmik Upbhokta Bhandar Maryadit Khopli Through Its President Shri Doman Lal Bharti v. State Of Chhattisgarh

Case at a glance

Provisions considered

Key paragraphs

  • Para 1818. In view of the aforesaid observations and the liberty given to the petitioners, the writ petitions as of now stand disposed of. Khatai Sd/- (P. Sam Koshy) Judge

Judgment

 Shobha Prathmik Sahkari Upbhokta Bhandar, Raipur Through Its President Kesar Bai, W/o Shri Manoj Kumar Sahu, Aged About 38 Years, Mahatma Gandhi Ward Pandri, Raipur, District Raipur (C.G.) ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.)

#2. Special Secretary Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.)

#3. The Collector Raipur, District Raipur (C.G.)

#4. The Registrar Co-Operative Societies Raipur (C.G.) ---- Respondents WPC No. 3282 of 2022  Jan Jagriti Prathmik Sahkari Upbhokta Bhandar Raipur, Through Its President Mohd. Riyaz S/o Mohd. Akram Aged About 47 Years Sanjay Nagar, Tikrapara, Raipur, District : Raipur, Chhattisgarh ---- Petitioner 6 Versus

#1. State Of Chhattisgarh Through The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar,, District : Raipur, Chhattisgarh

#2. Special Secretary, Food Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh

#3. The Collector, Raipur, District : Raipur, Chhattisgarh

#4. The Registrar Co- Operative Cocities Raipur, District : Raipur, Chhattisgarh ---- Respondents WPC No. 3289 of 2022  Jai Maa Khallari Prathamik Upbhokta Bhandar, Dangania Raipur Through - Its President Monoj S/o Kailash Narwani, Aged About 47 Years, Dangania, Raipur, District - Raipur Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through - The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh

#2. Special Secretary Food, Civil Supplies And Consumer Protection Department , Mahanadi Bhawan, Atal Nagar Raipur, Chhattisgarh

#3. The Collector Raipur District Raipur Chhattisgarh

#4. The Registrar Co-Operative Societies Raipur Chhattisgarh ---- Respondents WPC No. 3290 of 2022  Jai Maa Chandi Prathmik Sahakari Upbhota Bhandar, Raipur Through- Its President Radhelal Ratre S/o Shri Kamta Prasad Ratre Aged About 47 Years, Tatibandh Raipur,, District : Raipur, Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur,, District : Raipur, Chhattisgarh

#2. Special Secretary, Food Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh 7

#3. The Collector Raipur, District Raipur, Chhattisgarh

#4. The Registrar Co- Operative Societies Raipur, Chhattisgarh ---- Respondents WPC No. 3372 of 2022  Priya Prathmik Sahkari Upbhokta Bhandar Raipur Through - Its President Kaushal Verma S/o Shri Balkrishna Verma, Aged About 34 Years, Raipur, District : Raipur, Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh

#2. Special Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh

#3. The Collector Raipur, District : Raipur, Chhattisgarh

#4. The Registrar Co-Operative Societies Raipur, Chhattisgarh WPC No. 3378 of 2022 ---- Respondents  Kankalipara Prathmik Sahakari Upbhokta Bhandar, Raipur Through - Its President Meenakshi W/o Late Rajesh, Aged About 35 Years, Kankalipara Raipur, District : Raipur, Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through - The Secretary, Food, Civil Suppplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh.

#2. Special Secretary Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh.

#3. The Collector Raipur, District : Raipur, Chhattisgarh

#4. The Registrar Co-Operative Societies , Raipur, Chhattisgarh. ---- Respondents WPC No. 3397 of 2022  Ekta Prathmik Sahkari Upbhokta Bhandar, Raipur Through Its President Lakshmi Sahu W/o Harishankar Sahu, Aged About 35 Years, Raipur District Raipur Chhattisgarh ---- Petitioner 8 Versus

#1. State Of Chhattisgarh Through The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh

#2. Special Secretary Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh

#3. The Collector Raipur, District Raipur Chhattisgarh

#4. The Registrar Co-Operative Societies Raipur Chhattisgarh ---- Respondents WPC No. 3428 of 2022  Bharti Mahila Swa Sahayata Samuh Raipur Through Its Vice President Sarasvati Soni Wd/o Late Agasti Soni, Aged About 45 Years, Raipur District Raipur Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh

#2. Special Secretary Food, Civil Supplies And Consumer Protection, Department, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh

#3. The Collector Raipur District Raipur Chhattisgarh

#4. The Registrar Co-Operative Societies Raipur Chhattisgarh WPC No. 3451 of 2022 ---- Respondents  Kanchan Samudayik Vikas Samiti Raipur Through Its President Naseem Bano D/o Irshad Ali, Aged About 45 Years, Raipur,, District : Raipur, Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar,, District : Raipur, Chhattisgarh

#2. Special Secretary, Food ,civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur,, District : Raipur, Chhattisgarh

#3. The Collector Raipur,, District : Raipur, Chhattisgarh 9

#4. The Registrar Co- Operative Societies Raipur, District : Raipur, Chhattisgarh ---- Respondents WPC No. 3483 of 2022  Ambe Mahila Swa Sahayata Samuh, Raipur Raipur, Through Its President Usha Mankar W/o Anil Mankar, Aged About 46 Years, Raipur, District Raipur (C.G.) ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.)

#2. Special Secretary Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.)

#3. The Collector Raipur, District Raipur (C.G.)

#4. The Registrar Co-Operative Societies Raipur (C.G.) ---- Respondents WPC No. 3560 of 2022  Vartika Mahila Sahkari Upbhokata Bhandar Maryadit Raipur Through Its President Neelam Kumbhalkar W/o Pranam Kumbhalkar, Aged 30 About Years, Vartika Colony, Raipur District - Raipur Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh.

#2. Special Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh.

#3. The Collector Raipur, District Raipur Chhattisgarh.

#4. The Registrar Co-Operative Societies, Raipur Chhattisgarh. ---- Respondents WPC No. 3574 of 2022

#1. Dharam Singh S/o Late Thandaram Aged About 68 Years R/o Bahirkela, Tahsil Gharghoda, District : Raigarh, Chhattisgarh

#2. Karam Singh S/o Late Thandaram Aged About 65 Years R/o Bahirkela, Tahsil Gharghoda, District : Raigarh, Chhattisgarh ---- Petitioners 10 Versus

#1. State Of Chhattisgarh The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh

#2. Board Of Revenue Chhattisgarh Bilaspur District Bilaspur, Chhattisgarh.

#3. Collector/ Additional Collector Raigarh, District : Raigarh, Chhattisgarh

#4. Sub Divisional Officer (Revenue)/ Land Acquisition Officer Gharghoda, District : Raigarh, Chhattisgarh

#5. Chief Executive Officer Janpad Panchayat Gharghoda, District : Raigarh, Chhattisgarh

#6. Tahsildar Tahsil Gharghoda, District : Raigarh, Chhattisgarh WPC No. 3601 of 2022 ---- Respondents  Shyamnagar Sahkari Upbhokta Bhandar Maryadit Shyamnagar Raipur Through President Chandra Prakash Mishra Gurucharan Prasad Mishra Aged About 75 Years R/o Near Gurudwara Gali Shyam Nagar Raipur District Raipur Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

#3. The Collector (Food Department) Raipur District Raipur Chhattisgarh.

#4. The Food Controller, Raipur District Raipur Chhattisgarh. ---- Respondents WPC No. 3611 of 2022  Janhitkari Prathmik Upbhokta Sahkari Bhandar Maryadit Raipur Through Member Of Director Of Board Of The Society Prahalad Yadv S/o Chhotelal Yadav Aged About 34 Years R/o Near Holly Cross School Gauli Para Byron Bazar Raipur District Raipur Chhattisgarh. ---- Petitioner

#1. State Of Chhattisgarh Through The Secretary, Department Of Food Versus 11 And Civil Supply Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh.

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

#3. The Collector (Food Department) Raipur District Raipur Chhattisgarh.

#4. The Food Controller Raipur District Raipur Chhattisgarh. ---- Respondents WPC No. 3612 of 2022  Shivshankar Prathmik Sahkari Upbhokta Bhandar Maryadit Raipur Through Vice President Smt. Bhuneshwari W/o Khem Singh Diwan Aged About 33 Years, R/o House No. 73, Ward No. 4 Dumarpali Mahasamund Distt. - Mahasamund Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur Distt. - Raipur Chhattisgarh

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur Distt. - Raipur Chhattisgarh

#3. The Collector (Food Department) Raipur Distt. - Raipur Chhattisgarh

#4. The Food Controller Raipur Distt. - Raipur Chhattisgarh ---- Respondents WPC No. 3614 of 2022  Shri Tirupati Balaji Prathmik Sahkari Upbhokta Bhandar, Maryadit, Raipur Through Its President Nandkumar Sinha Aged Abot 53 Years, Raipur, District Raipur Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahandi Bhawan, Atal Nagar, Raipur Chhattisgarh.

#2. Special Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh.

#3. The Collector Raipur, District Raipur Chhattisgarh.

#4. The Registrar Co-Operative Societies Raipur Chhattisgarh. ---- Respondents 12 WPC No. 3615 of 2022  Manorama Prathmik Sahkari Upbhokta Bhandar Maryadit, Raipur Through - Its President Smt. Rekha Yadav W/o Rajendra Yadav, Aged About 38 Years, Raipur, District : Raipur, Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through - The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh

#2. Special Secretary Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh

#3. The Collector Raipur, District : Raipur, Chhattisgarh

#4. The Registrar Co-Operative Societies, District : Raipur, Chhattisgarh ---- Respondents WPC No. 3616 of 2022  Rajdhani Prathmik Sahkari Upbhokta Bhandar Maryadit Raipur Through President Abudul Gaffar Khan S/o Late Mishri Khan Aged About-66 Years R/o House No. 503 Moudhapara Firoz Manjil Raipur District-Raipur Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New-Raipur District-Raipur Chhattisgarh

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New-Raipur District-Raipur Chhattisgarh

#3. The Collector (Food Department) Raipur District-Raipur Chhattisgarh

#4. The Food Controller Raipur District-Raipur Chhattisgarh ---- Respondents WPC No. 3629 of 2022  Jai Ma Durga Prathmik Sahkari Upbhokta Bhandar Maryadit Raipur Through President Smt. Gouri Sahu W/o Bhagwat Sahu Aged Aobout -42 Years R/o Karma Chowk, Sant Ram Das Ward Ramnagar Raipur District Raipur Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh. 13

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

#3. The Collector (Food Department) Raipur District Raipur Chhattisgarh.

#4. The Food Controller Raipur District Raipur Chhattisgarh. WPC No. 3630 of 2022 ---- Respondents  Ridhi Sidhi Prathmik Sahkari Upbhokta Bhandar Maryadit Raipur Through President Smt. Ashwani Mahakalkar W/o Ashish Mahakalkar Aged About 30 Years R/o Mohaba Bazar-Talibandh Raipur, District Raipur, Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh.

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh.

#3. The Collector (Food Department) Raipur, District Raipur, Chhattisgarh.

#4. The Food Controller Raipur, District Raipur, Chhattisgarh. ---- Respondents WPC No. 3714 of 2022  Jaishankar Audyogik Prathmik Sahkari Upbhokta Bhandar Maryadit, Raipur Through - Its President Santosh Agrawal S/o Anup Kumar Agrawal, Aged About 58 Years, Raipur, District - Raipur (C.G.) ---- Petitioner Versus

#1. State Of Chhattisgarh Through - The Secretary, Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.)

#2. Special Secretary Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.)

#3. The Collector Raipur District Raipur (C.G.)

#4. The Registrar Co-Operative Societies Raipur (C.G.) ---- Respondents 14 WPC No. 3742 of 2022  Ma Khallari Prathmik Sahkari Upbhokta Bhandar Maryadit Brahmanpara Raipur Through President Prafful Tiwari S/o Radheshyam Tiwari Aged About- 50 Years, R/o Ramlila Chowk Khamardih Basti Shankarnagar Raipur, District- Raipur, Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District- Raipur, Chhattisgarh.

#2. The Special Secretary Deaprtment Of Food And Civil Supply Mahanadi Bhawan New- Raipur, District- Raipur, Chhattisgarh.

#3. The Collector (Food Department) Raipur, District- Raipur, Chhattisgarh.

#4. The Food Controller Raipur, District- Raipur, Chhattisgarh. ---- Respondents WPC No. 3743 of 2022  Jai Ambe Prathmik Upbhokta Sahkari Bhandhar Korba Through Manager Vinod Modi S/o Late Gopi Krishna Modi Aged About 57 Years R/o Near Punjabi Gurudawara Purani Basti Korba District Korba Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgrh.

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

#3. The Collector (Food Department) Korba District Korba Chhattisgarh.

#4. The, Food Controller Korba District Korba Chhattisgarh. ---- Respondents WPC No. 3745 of 2022  Naj Mahila Prathmik Upbhokta Sahkari Bhandar Maryadit, Parsabhatha Through President Phool Bai W/o Mangal Singh Chouhan Aged About 50 Years R/o Parsabhatha Korba, District Korba, Chhattisgarh. ---- Petitioner Versus 15

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur, Chhattisgarh.

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur, Chhattisgarh.

#3. The Collector (Food Department) Korba, District Korba, Chhattisgarh.

#4. The Food Controller Korba, District Korba, Chhattisgarh. ---- Respondents WPC No. 3747 of 2022  Lalghat Prathmik Sahkari Upbhokta Bhandar Maryadit Korba Through President Radheshyam Chourasiya, S/o Shri Gulab Chand Chourasiya Aged About 51, Years , R/o Balconagar Ward No. 35 Korba Distt. - Korba Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur Distt. - Raipur Chhattisgarh

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur Distt. - Raipur Chhattisgarh

#3. The Collector (Food Department) Korba Distt.- Korba Chhattisgarh

#4. The Food Controller Korba Distt.- Korba Chhattisgarh ---- Respondents WPC No. 3748 of 2022  Ma Bhawani Women Self Help Group Bhairotal Through Secretary Smt. Rani Mistri W/o Mukesh Kumar Aged About - 40 Years, R/o Ghurdewa Colony Banki Mogra Tahsil - Kathghora Distt. - Korba Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur Distt. - Raipur Chhattisgarh

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur Distt. - Raipur Chhattisgarh

#3. The Collector (Food Department) Korba Distt. - Korba Chhattisgarh

#4. The Food Controller Korba Distt. - Korba Chhattisgarh ---- Respondents 16 WPC No. 3769 of 2022  Seva Prathmik Upbhokta Sahkari Bhandar Maryadit, Kailashnagar Through President Sarver Khan S/o Wazir Khan Aged About 60 Years, R/o Kailash Nagar Korba Distt.- Korba Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur , Distt. - Raipur Chhattisgarh

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur , Distt. - Raipur Chhattisgarh

#3. The Collector (Food Department) Korba Distt. - Korba Chhattisgarh

#4. The Food Controller Korba Distt. - Korba Chhattisgarh ---- Respondents WPC No. 3771 of 2022  Garib Nawaz Prathmik Sahkari Upbhokta Bhandar Maryadit Mudapar Through President Munna Lal Kewat S/o Nanki Ram Aged About 52 Years R/o Mudapar Korba, District Korba, Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh.

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh.

#3. The Collector (Food Department) Korba, District Korba, Chhattisgarh.

#4. The Food Controller Korba, District Korba, Chhattisgarh. ---- Respondents WPC No. 3772 of 2022  Baba Prathmik Upbhokta Sahkari Bhandar Maryadit- Sanjaynagar Through Manager Abdul Karim S/o Mohd. Ramzan Aged About 48 Years R/o Rani Road Dhanwarpara Korba District Korba Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawa New Raipur District Raipur Chhattisgarh. 17

#3. The Collector, (Food Department) Korba District Korba Chhattisgarh.

#4. The Food Controller Korba, District Korba Chhattisgarh. ---- Respondents WPC No. 3773 of 2022  Prakash Samudayik Vikash Samiti Raipur Through President Muntaj Begum W/o Abdul Razak, Aged About-40 Years, R/o Hora Complex Near Orvit Computer Surang Para Mova Raipur, District- Raipur, Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New-Raipur, District- Raipur, Chhattisgarh.

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New-Raipur, District- Raipur, Chhattisgarh.

#3. The Collector (Food Department) Raipur, District- Raipur, Chhattisgarh.

#4. The Food Controller Raipur, District- Raipur, Chhattisgarh. ---- Respondents WPC No. 3780 of 2022  Ma Durga Bhawani Women Self Help Group Premnagar Through President Smt. Rath Kunwar W/o Teras Aged Aboud 42 Years R/o Near Rakhar Dam Pankh Dafai P.S. Banki Mogra Tahsil Kathghora District Korba Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahandi Bhawan New Raipur District Raipur, Chhattisgarh.

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan, New Raipur District Korba Chhattisgarh.

#3. The Collector, (Food Department) Korba District Korba Chhattisgarh.

#4. The Food Controller, District Korba Chhattisgarh. ---- Respondents WPC No. 3784 of 2022  Shri Shyam Baba Women Self Help Group - Ramsagarpara Through President Smt. Chanda Devi W/o Shiv Kumar Jaiswal, Aged About - 49 Years, R/o Ramsagarpara - Korba, District - Korba (C.G.) ---- Petitioner 18 Versus

#1. State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur, District - Raipur (C.G.)

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur, District - Raipur (C.G.)

#3. The Collector (Food Department) Korba, District -Korba (C.G.)

#4. The Food Controller Korba District - Korba (C.G.) ---- Respondents WPC No. 3788 of 2022  Chhattisgarh Mahila Prathmik Upbhokta Sahkari Bhandar Maryadit, Kashinagar Through President Amirun Nisha, Aphsana Khatun, W/o Ajmeri Khan Aged About 52 Years, R/o Kashinagar Korba, District : Korba, Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

#3. The Collector (Food Department) Korba,, District : Korba, Chhattisgarh

#4. The Food Controller Korba District Korba,, Chhattisgarh ---- Respondents WPC No. 3790 of 2022  Mahamaya Prathmik Upbhokta Sahkari Bhandar Durpa Road - Korba Through President Lallu Prasad Gupta S/o Late Ram Manohar Gupta Aged About - 60 Years, R/o Durpa Road - Korba, District - Korba (C.G.) ---- Petitioner Versus

#1. State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District - Raipur (C.G.)

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District - Raipur (C.G.)

#3. The Collector (Food Department) Korba, District - Korba (C.G.)

#4. The Food Controller Korba District - Korba (C.G.) ---- Respondents 19 WPC No. 3792 of 2022  Kadari Prathmik Upbhokta Sahkari Bhandar Maryadit Kuwanbhatha Korba Through President Sarfaraj Khan S/o Ajmiri Khan Aged -34 Years R/o Ravishankar Nagar - Korba District Korba Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh.

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh.

#3. The Collector, (Food Department) Korba, District Korba Chhattisgarh.

#4. The Food Controller, District Korba Chhattisgarh. ---- Respondents WPC No. 3794 of 2022  Sarvamangla Bharti Women Self Help Group - Mongara Through Treasurer Subhadra D/o Parasram Kurey Aged About 38 Years, R/o Ward No. 53 Mongara Tahsil Kathghora, District Korba, Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh.

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh.

#3. The Collector (Food Department) Korba, District Korba, Chhattisgarh.

#4. The Food Controller Korba, District Korba, Chhattisgarh. ---- Respondents WPC No. 3795 of 2022  Bhadarapara Padimar Prathmik Upbhokta Sahkari Bhandar Maryadit- Balconagar Through Manager Noor Hasan S/o Late Noor Mohammad Aged About -48 Years, R/o Shantinagar Balco - Korba, District - Korba (C.G.) ---- Petitioner Versus

#1. State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur, District - Raipur (C.G.)

#2. The Special Secretary Department Of Food And Civil Supply 20 Mahandi Bhawan, New Raipur, District - Raipur (C.G.)

#3. The Collector (Food Department), Korba District - Korba (C.G.)

#4. The Food Controller Korba District - Korba (C.G.) ---- Respondents WPC No. 3804 of 2022  Prathmik Upbhokta Sahkari Bhandar Rampur Through Manager Subham Yadav S/o R.L. Yadav Aged About 22 Years, R/o Near I.T.I. Rampur, District : Korba, Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

#3. The Collector (Food Department) Korba,, District : Korba, Chhattisgarh

#4. The Food Controller Korba District Korba,, Chhattisgarh ---- Respondents WPC No. 3810 of 2022  Tulsi Women Self Help Group Dhodhipara Through President Smt. Haribai W/o Mahesh Ram Aged About 50 Years, R/o Dhodhipara- Korba District Korba (Chhattisgarh) ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur (Chhattisgarh)

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh

#3. The Collector (Food Department) Korba District Korba (Chhattisgarh)

#4. The Food Controller Korba District Korba (Chhattisgarh) ---- Respondents WPC No. 3837 of 2022  Bol Bam Mahila Prathmik Sahkari Upbhokta Bhandar Mudapar Through President Smt. Luxmin Bai Mahant W/o Raman Das Aged About -52 Years R/o Amariya Para Mudapar-Korba District Korba Chhattisgarh. ---- Petitioner 21 Versus

#1. State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur, Chhattisgarh.

#3. The Collector (Food Department) Korba, District Korba Chhattisgarh.

#4. The Food Controller, Korba District Korba Chhattisgarh. ---- Respondents WPC No. 3840 of 2022  Shri Ram Hanuman Prathmik Sahkari Upbhokta Bhandar Maryadit Sevmangala Nagar Through President Ajeet Singh S/o Chandrabhan Singh Aged About -40 Years R/o Servmangala Nagar Korba District Korba Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh.

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

#3. The Collector, (Food Department) Korba District Korba Chhattisgarh.

#4. The Food Controller Korba, District Korba Chhattisgarh. ---- Respondents WPC No. 3844 of 2022  Lachhita Women Self Help Group - Patharipara Through Secretary Chanda Yadav D/o Ramnarayan Yadav Aged About 32 Years, R/o Near C.S.E.B. Colony-Korba Distt Korba Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur Distt. Raipur (C.G.)

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur Distt. Raipur (C.G.)

#3. The Collector (Food Department) Korba Distt Korba Chhattisgarh

#4. The Food Controller Korba Distt Korba Chhattisgarh ---- Respondents 22 WPC No. 3861 of 2022  Ma Sarvamangla Prathmik Upbhokta Sahkari Bhandar Maryadit Through President Vikash Agrawal S/o Late Gopal Prasad Agrawal Aged About - 36 Years R/o Main Road Sitamani - Korba Distt. Korba (C.G.) ---- Petitioner Versus

#1. State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, Distt - Raipur (C.G.)

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur, District - Raipur (C.G.)

#3. The Collector (Food Department), Korba District - Korba (C.G.)

#4. The Food Controller Korba District - Korba (C.G.) WPC No. 3913 of 2022 ---- Respondents  Jai Mata Di Self Help Group, Chandranagar Through President Smt. Sit Bai W/o Sik Ram Patel Aged About 40 Years, R/o Chandranagar Korba, District Korba, Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh.

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh.

#3. The Collector (Food Department) Korba, District Korba, Chhattisgarh.

#4. The Food Controller Korba, District Korba, Chhattisgarh. WPC No. 3920 of 2022 ---- Respondents  Janta Prathmik Upbhokta Sahkari Bhandar Transport Nagar Korba Through President Kishan Kumar Sharma, S/o Shri Lalchand Sharma Aged About - 63 Years, R/o Main Road - Korba Distt. - Korba Chhattisgarh ---- Petitioner Versus 23

#1. State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur Distt. - Raipur Chhattisgarh

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur Distt. - Raipur Chhattisgarh

#3. The Collector (Food Department) Korba Distt. - Korba Chhattisgarh

#4. The, Food Controller Korba Distt. - Korba Chhattisgarh ---- Respondents WPC No. 3923 of 2022  Swastik Women Self Help Group Premnagar Through Manager Abhishek Shastri S/o Gajendra Shastri Aged About-32 Years, R/o Ward No. 21 Budhwari Bazar- Korba, District- Korba, Chhattisgarh. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New-Raipur, District- Raipur, Chhattisgarh.

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New- Raipur, District- Raipur, Chhattisgarh.

#3. The Collector (Food Department) Korba, District- Korba, Chhattisgarh.

#4. The Food Controller Korba, District- Korba, Chhattisgarh. ---- Respondents WPC No. 4291 of 2022  Chalo Chale Samudayik Vikash Samiti Raipur Through President Of Chalo Chale Samudayik Vikash Samiti Raipur/operator Of Fair Price Shop Of I.D. No. 441001166, 441001164 And 441001163 Smt. Geeta Dhurve W/o Kishan Singh Dhurve W/o Kishan Singh Dhurve Aged About 51 Years R/o 7/730 New Mangal Bazar Gudiyari Raipur Distt. Raipur (C.G.) ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur Distt. Raipur (C.G.)

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur Distt. Raipur (C.G.)

#3. The Collector (Food Department) Raipur Distt. Raipur (C.G.)

#4. The Food Controller Raipur Distt. Raipur (C.G.) ---- Respondents 24 WPC No. 4432 of 2022  Sonashri Women Self Help Group Raipur Through President Of Sonashri Women Self Help Group Raipur/operator Of Fair Price Shop Of I.D. No. 441001178 And 441001006 Smt. Surekha Talmale W/o Mulchand Talmale, Aged About 54 Years R/o Badhai Para, Raipur Distt. Raipur (C.G.) ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur Distt. Raipur (C.G.)

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, Distt. Raipur (C.G.)

#3. The Collector (Food Department) Raipur, Distt. Raipur (C.G.)

#4. The Food Controller Raipur, Distt. Raipur (C.G.) ---- Respondents WPC No. 4560 of 2022

#1. Chalo Chale Samudayik Vikash Samiti Raipur Through Secretary Smt. Parwati Mirjha W/o Nilkanth Mirjha Aged About 35 Years Secretary Of Chalo Chale Samudayik Vikash Samiti, Raipur, Operator Of Fair Price Shop Of I.D. No. 441001115 R/o Kalingnagar Near Shitala Mandir Raipur, District- Raipur, Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District- Raipur, Chhattisgarh

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh

#3. The Collector (Food Department), Raipur District- Raipur, Chhattisgarh

#4. The Food Controller Raipur District- Raipur, Chhattisgarh ---- Respondents WPC No. 5217 of 2022  Smt. Udam Bai Kanwar W/o Bandhan Singh Kanwar Aged About 52 Years Sarpanch Of Village Panchayat - Dondaro / Operator Of Fair Price Shop Of Village - Panchyayat - Dondaro I.D. No. 552001062 Village - Panchayat - Dondaro Balconagar Korba District Korba (C.G.) ---- Petitioner Versus

#1. State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New- Raipur District Raipur 25 Chhattisgarh

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur District Raipur Chhattisgarh

#3. The Collector (Food Department) Korba District - Korba Chhattisgarh

#4. The Sub - Divisional Officer (Revenue) Korba District Korba Chhattisgarh

#5. Food Inspector Collectrate Campus Korba District - Korba Chhattisgarh

#6. President Of Kuber Khadaiya Suraksha Poshan And Upbhokta Seva Sahkari Samiti Maryadit Dondaro Balconagar District Korba Chhattisgarh ---- Respondents WPC No. 5395 of 2022  Shri Ganesh Prathmik Sahkari Upbhokta Bhandar Maryadit - Darri Through Manager Shashi Kumar Gupta S/o Shri Dayanand Gupta Aged About 45 Years R/o Darri, Police Station - Darri, District - Korba, Chhattisgarh. I.D. No. 551001034. ---- Petitioner Versus

#1. State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

#3. The Collector (Food Department) Korba, District : Korba, Chhattisgarh

#4. The Food Officer Korba (Collector Office Campus) Korba, District : Korba, Chhattisgarh

#5. Hasdev Khadaiya Suraksha Poshan And Upbhokta Sahkari Samiti Maryadit Darrikhar Ward No. 53 Darri - Korba, District : Korba, Chhattisgarh

#6. Daya Khadaiya Suraksha Poshan And Upbhokta Seva Sahkari Samiti Maryadit Jamanipali Ward No. 50 Jamanipali Korba, District : Korba, Chhattisgarh

#7. Janjagaran Khadaiya Suraksha Poshan And Upbhokta Seva Sahkari Samiti Maryadit Nagoikhar Darri - Korba, District : Korba, Chhattisgarh ---- Respondents WPC No. 5396 of 2022  Banki Surakachhar Prathmik Sahkari Upbhokta Bhandar Maryadit - Banki Mogra Through Manager Smt. Kiran Singh W/o Parmanand Singh Aged About 47 Years R/o Ghuddeva Colony Banki Mogra Tahsil Kathghora District Korba (C.G.) I.D. No.5510039. ---- Petitioner 26 Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

#3. The Collector (Food Department) Korba, District : Korba, Chhattisgarh

#4. The Food Officer Korba, District : Korba, Chhattisgarh

#5. President Jan Seva Khadaiya Suraksha Poshan And Upbhokta Seva Sahkari Samiti Maryadit Katainar Ghuddeva Ward No.64 Korba, District : Korba, Chhattisgarh ---- Respondents WPC No. 5407 of 2022  Sankat Mochan Prathmik Sahkari Upbhokta Bhandar Maryadit - Ayodhyapuri Through Manager Suresh Singh Rajput S/o Late Ujiyar Singh Rajpur Aged About 49 Years R/o Jailgaon Ayodhyapuri Nawadha Chowk Darri- Korba, District Korba Chhattisgarh I.D. No. 551001029 ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur- District Raipur Chhattisgarh.

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

#3. The Collector Food Department Korba District Korba Chhattisgarh.

#4. The Food Officer Korba, Collector Office Campus Korba District Korba Chhattisgarh.

#5. Suryodaya Khadaiya Suraksha Poshan And Upbhokta Seva Sahkari Samiti Maryadit Ayodhyapur Korba District - Korba Chhattisgarh. ---- Respondents WPC No. 5411 of 2022  Jai Ma Ambe Prathmik Sahkari Upbhokta Bhandar Maryadit - Balgikhar Through Manager Jivan Das Vaishnava S/o Late Shyam Das Vaishnava Aged About 54 Years R/o Ward No. 55 Balgi Colony Balgi Korba, District Korba Chhattisgarh I.D. No.551001036 ---- Petitioner Versus 27

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh.

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

#3. The Collector Food Department Korba District Korba Chhattisgarh.

#4. The Food Officer Korba, Collector Office Campus Korba District Korba Chhattisgarh. ---- Respondents WPC No. 5463 of 2022  Adarsh Prathmik Sahkari Upbhokta Bhandar Maryadit - Gevra Through President Martand Singh S/o Shri Jahan Singh Aged About - 50 Years R/o Banki Mogra (Jangal Side) Tahsil - Kathghora, District - Korba Chhattisgarh I.D. No. 551002001 ---- Petitioner Versus

#1. State Of Chhattisgarh Through - The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur District - Raipur Chhattisgarh

#2. The Special Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New - Raipur District - Raipur Chhattisgarh

#3. The, Collector (Food Department) Korba District - Korba Chhattisgarh

#4. The, Sub - Divisional Officer (Revenue) Kathghora District - Korba Chhattisgarh ---- Respondents WPC No. 5504 of 2022  Karamchari Prathmik Sahkari Upbhokta Bhandar Maryadit - I.B.P Gopalpur Through Manager Satish Agarwal S/o Ramesh Agarwal Aged About 32 Years, R/o Jamnipali Ward No. 48 Jamnipali Korba Distt. Korba (C.G.) I.D. No. 551001028. ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur Distt. Raipur (C.G.)

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur Distt. Raipur (C.G.)

#3. The Collector (Food Department) Korba, Distt. Korba (C.G.)

#4. The Food Officer Korba Distt. Korba (C.G.) ---- Respondents 28 WPC No. 5538 of 2022  Shri Hasdev Prathmik Sahkari Upbhokta Bhandar Maryadit - Nagoikhar Through Manager Ram Kumar Rathor S/o Gokul Ram Rathor Aged About 53 Years R/o Jai Bhagwan Gali Ward No.43 Darri - Korba I.D. No. 551001026, District : Korba, Chhattisgarh ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

#3. The Collector (Food Department) Korba, District : Korba, Chhattisgarh

#4. The Food Officer Korba, District : Korba, Chhattisgarh

#5. President Of Shital Self Help Group Rajivnagar Darri Ward No.43 Kathghora, District : Korba, Chhattisgarh ---- Respondents WPC No. 5542 of 2022  Janta Prathmik Upbhokta Sahkari Bhandar Maryadit Nagoikhar Through Manager Vijay Kumar Agarwal S/o Late Bhagwan Agarwal Aged About 58 Years R/o Sardar Ballav Bhai Patel Nagar Jamnipali Ward No.51 Jamnipali Korba I.D.No. 551001033 ---- Petitioner Versus

#1. State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

#2. The Special Secretary Department Of Food And Civil Supply Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

#3. The Collector (Food Department) Korba, District : Korba, Chhattisgarh

#4. The Food Officer Korba, District : Korba, Chhattisgarh

#5. President Of Adishakti Khadaiya Suraksha Poshan And Upbhokta Seva Sahkari Samiti Maryadit - Lata Korba, District : Korba, Chhattisgarh ---- Respondents 29 For Petitioners : Shri A. S. Rajput, Shri P. R. Patankar, Shri A. N. Pandey, Shri Manoj Kumar Jaiswal, Shri Kanwaljeet Singh Saini & Shri Saket Pandey, Advocate For State : Shri Ghanshyam Patel, G.A., Ms. Akanksha Jain, Dy. G.A., Shri Aman Kesharwani, Shri Pawan Kesharwani, Shri Aditya Tiwari, Ms. Smeeksha Gupta, Shri Aditya Bhardwaj, Shri Vikash Shrivastava & Shri P. Acharya, P.L. Hon'ble Shri Justice P. Sam Koshy Order On Board

23.01.2023

#1. Since the impugned order under challenge in the bunch of writ petitions being same, the ground of challenge also being same and the relief sought for also being identical, these writ petitions are being taken up for hearing analogously and are being disposed of by a common order.

#2. The petitioners in all the writ petitions are operators of fair price shop in different districts in the State of Chhattisgarh. The petitioners are operating mostly as independent Societies. The petitioners have been operating fair price shops for well over a decade now. The petitioners when they were allotted the fair price shop, it was the Chhattisgarh Public Distribution System (Control) Order, 2004 which was in force and in few of the cases it was the earlier Control Order of 2001 which was in force. The petitioners have been operating the fair price shop uninterruptedly for all these periods. The Govt. of Chhattisgarh vide notification dated 23.01.2017 had notified a new control order for the public distribution system within the State of Chhattisgarh known as the Chhattisgarh Public Distribution System 30 (Control) Order of 2016.

#3. Down the line, in order to streamline and smoothen the public distribution system, the Govt. took another policy decision vide circular dated 22.06.2020. Thereby the policy for rationalization of the fair price shops was further streamlined by issuing certain additional guidelines in addition to the guidelines already available under the Control Order of 2016. One of the guidelines framed as a policy decision which seems to be the common grievance of all the petitioners herein is Clause 1.2 of the said circular dated 22.06.2020 which for ready reference is being reproduced hereinunder: “1.2) uxjh; {ks=ksa esa lkekU;r% okMZ dks nqdku vkcaVu gsrq bdkbZ ekudj izR;sd okMZ ds fy, U;wure 01 mfpr ewY; nqdku lapkfyr dh tkosa ysfdu ;g /;ku j[kk tkos fd uxjh; {ks= dh izR;sd nqdku es U;wure 500 jk’kudkMZ vo’; layXu gksus pkfg,] rkfd nqdkuks dk lapkyu vkfFkZd #i ls ykHkiznk;d cuk jgsA”

#4. Pursuant to the aforesaid policy decision the District Collectors of various districts in the State of CG issued instructions to the authorities concerned ensuring that the policy decision dated

22.06.2020 is implemented at the earliest so as to smoothen and streamline the public distribution system in the State which again is an additional challenge in some of the writ petitions.

#5. Some of the grounds that have been raised for assailing the said policy decision of the Govt. are that: i) As a consequence of the reduction in the total number of ration cards that a petitioner Society has as on date, it may be economically unviable for the petitioner to operate the fair price shop. ii) It may lead to retrenchment of many of the workforce which has 31 been engaged by the petitioners' establishment for running of the existing fair price shops. iii) It may be substantially reducing the profit margin of each of the fair price shops. iv) The Control Order of 2016 particularly Clause-8 does not fix the minimum number of ration cards that a fair price shop should have. Thereby it should be presumed that there will be no upper limit for a fair price shop to have the number of ration cards. v) That the allotment being made under the Control Order of 2004 or even the Control Order of 2001, the limit then was never 500 and therefore so far as the petitioners are concerned, the control order of 2016 would not be applicable and it is the control order of 2004 or the earlier Control Order which would be applicable.

#6. Learned State counsel, on the other hand, opposing the petitions submits that the very purpose for introducing the policy decision dated

22.06.2020 was to ensure that the public at large is not made to suffer or face hardship in the course of receiving food grains under the public distribution system. He submits that the policy decision is rather for the larger public convenience. Since it is a policy decision for the public convenience, there is hardly any scope of judicial review for this Court under Article 226 of the Constitution of India. State counsel further submits that it is not a case where the fair price shops allotted to the petitioners are being cancelled by the State rather it is only with an intention of regulating the public distribution system within the State and rationalising the fair price shops being operated within the State which has led to the introduction of the policy dated

22.06.2020. Thus, the same cannot be said to be either bad in law 32 or contrary to any existing law nor can it be said to be arbitrary or with malafied intentions.

#7. Learned State counsel drew the attention of the Court to the chart available in the writ petition which would show that there were certain fair price shops which have a large number of ration cards and with which it was not practically possible for the fair price shop owners to smoothly and timely make available foodgrains to all the ration card holders. The public at large also was facing great difficulties in timely receiving foodgrains. That it was in this context the Govt thought of rationalizing the system and have now taken a policy decision to ensure that the number of fair price shops be increased, however, ensuring a minimum of 500 ration cards for a fair price shop. State counsel therefore submits that the writ petitions be not entertained and the same be rejected.

#8. As regards the ground raised by Shri A. S. Rajput that the Control Order of 2016 is not applicable, this Court is of the opinion that the said ground raised by the counsel for petitioners would not be sustainable for the reason that the Control Order of 2016 is not under challenge in any of the writ petitions. Secondly, the notification by which the Control Order of 2016 was published itself clearly stipulates that the said notification has been issued superseding the earlier Control Order of 2004 which means that upon supersession of the Control Order of 2004, it is the Control Order of 2016 which stands replaced and being in force. The petitioners at no point of time had ever objected to the enforcement of the Control Order of 2016.

#9. The fair price shops operated under the public distribution system were never with an intention of the profit making of the operators of 33 the fair price shops though of course the economic viability of the said fair price shops was always borne in mind while policy decisions were taken. On the other hand, these fair price shops have been allotted and operated with a sole intention and object of ensuring that the foodgrains distributed under the public distribution system reaches to the common citizens both in rural as also in urban areas in the most convenient manner without there being any hassle, hindrance & delay for the general public in receiving the same. With the steady increase in population in each village and each city the number of ration card holders gets increased from time to time. Hence, it becomes difficult for one fair price shop owner to manage providing foodgrains to the general public when there are large number of ration cards attached to one fair price shop. It is with this intention and object that the Govt. decided to have more and more of fair price shops throughout the length and breadth of the State of Chhattisgarh. In the process, the policy decision was introduced framing certain additional guidelines to the guidelines already available under the Control Order of 2016. One such guideline which is under challenge in these bunch of writ petitions is to ensure that the number of fair price shop be increased with minimum 500 ration cards per fair price shop taking into consideration the economic viability of the said fair price shop also.

#10. There are cases where the distance of a card holder to a fair price shop is quite far. There are cases where the population at a particular locality also is far more than the population at the place where the fair price shop presently is in existence. There could also be a case where as a result of the political decisions taken by the Govt. the number of Gram Panchayats may have got increased and 34 many of the existing villages must have been bifurcated into many Gram Panchayats. There could be a situation where many Gram Panchayats also may not have even one fair price shop. Under the policy it has been ensured that for the purpose of opening a fair price shop, one Gram Panchayat should be considered as one unit. These are all policy decisions framed by the State Govt. for the convenience of general public at large. It is the policy makers alone who are the best judge for deciding the criteria, conditions/guidelines for the said purpose keeping in mind the object and intention of the public distribution system in the State.

#11. The judgment referred to and relied by Shri Patankar in the case of D.Vijaya Lakshmi Vs. The District Collector, Kadapa District and two others. The District Collector, Kadappa District WP. No. 7127 of 2012 decided on 10.06.2015 was a case where in the course of rationalization and bifurcation, the petitioner’s fair price shop was left with only 119 ration card holders. The economic viability of the said shop being the big matter of concern forced the petitioner to approach the Court unlike in the present case where it is the policy decision of the Govt. itself that they shall ensure that every fair price shop holder would have at least 500 ration cards. This in other words means it could also be a situation where a few of the fair price shops may have more than 500 ration cards as well. The Govt. does not intend to restrict it at 500 as such. It would all depend upon the authorities who would be determining as to how many fair price shops have to be opened in a particular locality or at a particular place. All of which is exclusively within the domain of the State authorities in terms of Clause 8 of the Control Order both the Control Order of 2016 as also 35 the Control Order of 2004.

#12. It would be relevant at this juncture to take note of the decision of the Rajasthan High Court in the case of Prahlad Bairwa & another Vs. State of Rajasthan and others in Writ Petition No.11130 of 2013 decided on 03.07.2013 where in paragraphs 2 to 6 it has been held as under: 2) Mr. Gupta has further submitted that the purport of the recommendation of Justice Wadhwa Committee constituted on the directions of the Hon'ble Supreme Court as also the intent of the aforementioned judgment of this Court is that a minimum 500 ration cards should be attached to each fair price shop for reasons of economic viability of fair price shops. He submits that from the view point of economic viability, the number of ration card per fair price shop by itself would not suffice and the commission payable to fair price shops' dealers in respect of distribution of different essential commodities is also a relevant factor. Counsel submits that the commission for the distribution of various essential commodities from fair price shops has been stagnant for over fifteen years. He submits that this aspect of the matter also needs to be looked in for the purpose of evaluating the economic viability of the fair price shops. 3) Mr. K. Verma, Addl.G.C. appearing for respondents, admits to the recommendation of Justice Wadhwa Committee's report being that each fair price shop should have a minimum 500 ration cards to ensure its viability. He further admits to the fact that the order of this Court in SBCWP No.4384/2012 decided on 18.09.2012 has not been challenged in appeal and has been implemented. 36 Therefore, he has no objection to similar order being passed in the present petition. 4) Having heard the counsel for the petitioners, in my considered view, the issue of commission payable to the dealers of fair price shops is fundamentally a matter of contract between the State Government and the dealers. The commission would have a bearing on the final costs of the various essential commodities. This aspect of the matter therefore is more within the domain of administrative decision making and cannot at least in the first instance be an issue of judicial review. 5) Consequently, I would direct the petitioners to make a detailed representation in this regard to the State Government in the Department of Food and on the submission of the said representation, in the context of the necessity of fair price shops being economically viable, the State Government in the Department of Food shall decide the same within a period of ten weeks of its receipt. 6) The respondents are however directed to ensure that 500 ration cards in respect of the petitioners' fair price shops are maintained. For this purpose, the respondent No.3, if necessary, shall restructure to the extent necessary, the fair price shops in the concerned Tehsil/Gram Panchayat.”

#13. The view of Rajasthan High Court is clear that the policy decision is in fact an administrative decision for the betterment of the general public at large. Further that there could be hardly any scope of judicial review for such administrative decisions taken for the public convenience and general public at large. However, the Hon’ble High Court of Rajasthan has ensured that the Govt. should adhere to the fact that for the operation of fair price shops at least one fair price shop should have a minimum of 500 ration cards. 37

#14. The policy under challenge in the instant case particularly Clause 1.2 which is reproduced in preceding paragraphs of this judgment clearly indicates that in fact the State of Chhattisgarh also intends to have the minimum of 500 ration cards per fair price shop which in other words means that the Govt. does not intend to firstly cancel the allotment made to the petitioners and secondly the Govt. does not intend to bring the total number of ration cards per fair price shop less than 500.

#15. For all the aforesaid reasons, this Court does not find any strong case made out by the petitioners calling for an interference with the impugned orders under challenge in these writ petitions particularly the policy decision dated 22.06.2020 and the consequential orders passed by the respective district Collectors thereupon.

#16. Nonetheless in the event the petitioners have a grievance so far as the economic viability part is concerned as has been directed by the Hon’ble High Court of Rajasthan, the right of petitioners would stand protected and reserved for approaching the respondent authorities by way of a detailed representation giving justification and explanation so far as the economic viability part is concerned which the respondent authorities are expected to consider and take an appropriate decision.

#17. It is made clear that if the State Govt. at any point of time intends or the respondent district authorities intend to open more than one fair price shop or additional fair price shop than what is existing today, the authorities would ensure that the distribution as far as possible shall be made uniformly adhering to the guidelines framed 38 vide policy decision dated 22.06.2020.

#18. In view of the aforesaid observations and the liberty given to the petitioners, the writ petitions as of now stand disposed of. Khatai Sd/- (P. Sam Koshy) Judge

Questions this judgment answers

Which statutory provisions did this judgment involve?

Constitution of India — art. 226.

Which court decided this case, and when?

Chhattisgarh High Court, on 23 Jan 2023. The bench was P SAM KOSHY.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Chhattisgarh High Court or eCourts case status (search case no. BILASPUR WPC No. 1385 of 2022). ← Search more judgments