SMT. RUKHMANI NIRMALKAR v. STATE OF CHHATTISGARH

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No. 922 of 2024

Smt. Rukhmani Nirmalkar W/o Ramesh Nirmalkar Aged About 34 Years Presedent Of Jai Sheetla Mata Mahila Swa-Sahayatasamuh, Village- Dongitarai, District : Bemetara, Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Chhattisgarh Food, Civil Supplies And Consumer Protection And Safety Department, Naya Raipur, Chhattisgarh.

2. Collector (Food Department) Bemetara, District : Bemetara, Chhattisgarh

3. Sub-Divisional Officer (R) Saja, District : Bemetara, Chhattisgarh

4. Chief Executive Janpad Panchayat Saja, District : Bemetara, Chhattisgarh

5. Assistant Food Officer / Inspector Saja, District : Bemetara, Chhattisgarh

6. President Jan Kalyan Mahila Swa Shayata Samuh, Prasbod, District :

Bemetara, Chhattisgarh

---- Respondents

(Cause Title is taken from Case Information System) For Petitioner : Ms. Pratibha Sahu, Advocate For State : Mr. Praveen Das, Dy. A.G.

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

14 .02.2024

1. By way of this petition, the petitioner has sought the following relief(s):-

(i) That, this Hon'ble Court may kindly be pleased to allow that present writ petition and kindly set-aside the impugned order dated 15.01.2024 and the Press Release Letter dated 15.01.2024.

(ii) That, an affidavit in support of the petition is filed herewith.

2. Learned counsel for the petitioner would submit that the instant petition has been filed against the order of cancellation of Fair Price Shop dated 15.01.2024 issued by the Sub-Divisional Officer (Revenue), Saja, District - Bemetara. She

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would further submit that the Sub-Divisional Officer (Revenue) Saja, District - Bemetara imposed a fine of Rs. 2.50,204.61/- upon the Jan Kalyan Mahila Swa Sahayata Samuh for the breach of Rules 15 and 16 of the Chhattisgarh Public Distribution System (Control) Order, 2016. She would also submit that the information regarding the imposition of the fine was not communicated and after a few months, respondent No. 2/Sub-Divisional Officer (Revenue), Saja issued the impugned order. Thus, she would pray to set aside the impugned order and the Press Release letter dated 15.01.2024.

3. On the other hand, learned counsel for the State would oppose. Mr. Das would submit that the order is appealable under the provisions of clause 18 of the Chhattisgarh Public Distribution System (Control) Order, 2016 and thus, the instant petition is not maintainable.

4. Heard counsel appearing for the parties and perused the documents present on the record.

5. Taking into consideration the fact that the order is appealable, the present petition is disposed of reserving the liberty in favour of the petitioner to approach the Appellate Authority according to the provisions of Clause 18 of the Order, 2016. If the petitioner prefers an appeal before the Appellate Authority, it is expected that the Appellate Authority shall decide the appeal expeditiously, preferably within a period of three months from the date of filing of the appeal.

6. With the aforesaid observation(s), this petition is disposed of. Sd/-

(Rakesh Mohan Pandey)

Judge siddhant