Nafr High Court
Case Details
1 / 6 2025:CGHC:33412 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3661 of 2025 Jai Shakti Mahila Swa-Sahayata Samuh Through The President Smt.Sandhya Chandel W/o Jayant Singh Chandel Aged About 42 Years R/o Mohan Nagar Durg Tehsil And District Durg (C.G.) Bearing Shop Id 431001017. ... Petitioner versus 1 - State of Chhattisgarh Through Director Directorate Of Food Civil Supplies And Consumer Protection Block 2, 3rd Floor Indrawati Bhawan Atal Nagar New Raipur District - Raipur Chhattisgarh 2 - The Collector Durg District Durg Chhattisgarh 3 - The Food Controller Officer Of Collector (Food Officer) District - Durg Chhattisgarh ... Respondents For Petitioner For State : :
Legal Reasoning
Mr. Aman Tamrakar, Advocate Mr. Anurag Tripathi, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 16/07/2025 1. With the consent of learned counsel appearing for the parties, the case is heard finally. 2. Petitioner has filed this writ petition seeking following reliefs:- “10.1. That, this Hon’ble Court may kindly be pleased to quash/set aside the impugned order dated 06.06.2025 (ANNEXURE P/1), in the interest of justice. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.18 10:53:08 +0530 2 / 6 10.2. That, any other relief which this Hon’ble Court deems fit, may be granted to the petitioner, in the interest of justice.” 3. Learned counsel for the petitioner submits that petitioner runs a fair price shop bearing Shop ID No.431001017. On 20/03/2025 Respondent No.3 issued a show-cause notice and several allegations is leveled against petitioner and the petitioner was directed to file reply. He would further contend that a detailed reply was filed by the petitioner and the respondent does not agree with the reply, the Food Controller has passed an order whereby the fair price shop of the petitioner bearing Shop ID No.431001017 was suspended and her shop has been merged in another shop, which is in violation of principles of natural justice and therefore order impugned be quashed. 4. Learned Stated counsel opposes the submissions made by learned counsel for the petitioner. 5. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition. 6. Perusal of Annexure P-1 would show that the fair price shop of the petitioner has been suspended and her shop has been merged in another shop. 7. Clause 16 of the Chhattisgarh Public Distribution System (Control) Order, 2016 (for short “Control Order 2016”) provides for penalty 3 / 6 which reads as under:- "16. Penalty. - (1) If the Shopkeeper contravenes any provision of the agreement then he shall be liable for suspension or cancellation by the officer authorized for allotment of Fair Price Shop. The time limit for redressal of such cases shall not exceed three months. (2) During inspection of the shop, if any irregularity is found, then without prejudice to any action the whole or part of the amount deposited by shopkeeper as security, shall be forfeited in favour of the State Government. (3) Before cancellation of authority letter of Fair Price Shop or forfeiture of whole or part of security, Food Controller or Food Officer of the district or Sub- Divisional Officer of sub-division shall issue show cause notice to Fair Price Shopkeeper and after giving an appropriate opportunity of being heard shall decide within a period of a month from issuance of show cause notice (4) The inspection of Fair Price Shop and other agencies engaged in supply and distribution of commodities under Public Distribution System shall be done by the officers mentioned in sub-rule (2) of rule 13 of this order. If irregularities found against Fair Price Shop run by 4 / 6 cooperative societies then inspecting officer shall communicate it to the Deputy Registrar/Assistant Registrar, Cooperative Societies, who shall send his report within 15 days to officer designated for allotment of Fair Price Shop. If the said Deputy Registrar/Assistant Registrar, Cooperative Societies does not submit his report within 15 days, then it will be presumed that the consent of Deputy Registrar/Assistant Registrar, Cooperative Societies is favourable and proposed action can be completed. (5) Any person, society or group, who contravenes any of the provisions of this order, shall be liable to punishment under Section 7 of the Essential Commodities Act, 1955 (No. 10 of 1955) and in such cases the action shall not be restricted to salesman of Fair Price Shop only but may also extend to President of the Society and other institution, executive officer or Sarpanch and Secretary of Gram Panchayat. (6) If there is a prima-facie evidence that any individual is operating a shop as a proxy/"benami", shop keeper or de-facto owner of self- help groups, primary cooperative credit societies, forest protection committee, other credit societies or gram panchayat, shall be liable for prosecution under the provisions of the Essential 5 / 6 Commodities Act, 1955 (No. 10 of 1955). (7) If authorized agency/Fair Price Shopkeeper supplies or distributes any essential commodity to any ineligible person, then, its cost shall be recovered from the person found guilty for such act at the prevailing market price or economic cost, whichever is more, as arrears of land revenue. (8) (1) In case any person gives any false information in the application or declaration under the Chhattisgarh Ration Card Rules, 2016 or willingly hides any information and if any person issues bogus or ration card to ineligible on the basis of any false information/certificate, in application, declaration, then such person shall be liable for punishment under the provisions of Section 9 of the Essential Commodities Act, 1955 (No. 10 of 1955) alongwith Section 193, 463, 468 of Indian Penal Code (No. 45 of 1860) and under other provisions of law for the time being in force and prosecution can be initiated against such person. (2) In case, the process aid down in the ration card issuance rules is not complied or ration card is issued to ineligible person, action may be taken against the applicant as well as disciplinary action may be initiated against the competent officer authorized by the Collector 6 / 6 and the officer and employee who has attested the application and documents, if found guilty.” 8. Perusal of the aforementioned provision would show that order Annexure P/1 is penalty in terms of sub- clause (1) of Clause 16. Sub-clause (3) of Clause 16 of the Control Order 2016, provides for an opportunity of being heard to the person against whom order of cancellation is to be passed. As the order of merger of fair price shop as also memorandum are penalty, therefore, it is to be read in the context that before suspension of shop allotted in favour of petitioner, provision of sub- lause (3) of Clause 16 of the Control Order 2016 will also apply. In the case at hand, prima facie Annexure P/1 has been passed in violation of principles of natural justice and therefore it is not sustainable. 9. Accordingly, order Annexure P-1 is quashed. However, respondent No.3 will be at liberty to give proper /appropriate opportunity of hearing to the petitioner and thereafter to pass appropriate order keeping in mind the provision under sub-clause (3) of Clause 16 of the Control Order 2016. 10. Writ petition is accordingly allowed to the extend and in the manner indicated above. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu