Chhattisgarh High Court
WPC/2973/2023 of DURGA MAHILA SWA SAHAYATA SAMOOH Vs STATE OF CHHATTISGARH on 16 September 2026
2026:CGHC:40661 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2973 of 2023 1 - Durga Mahila Swa Sahayata Samooh Through Its President Smt. Hiramati W/o. Shri Siv Chand Kushwaha, Aged About 50 Years R/o. Gram Panchayat Betro, Tahsil Wadrafnagar, District - Balrampur Ramanujganj
CGHC010200362023
2026:CGHC:40661
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 2973 of 2023
1 - Durga Mahila Swa Sahayata Samooh Through Its President Smt.
Hiramati W/o. Shri Siv Chand Kushwaha, Aged About 50 Years R/o.
Gram Panchayat Betro, Tahsil Wadrafnagar, District - Balrampur Ramanujganj Chhattisgarh.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Food Civil Supply Corporation, Mahanadi Bhawan, Capital Complex, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh.
2 - The District Director Food And Civil Supplies Corporation, Balrampur, District Balrampur - Ramanujganj Chhattisgarh.
3 - The Collector, Office Of Collectorate, Balrampur ( Food Branch), District - Balrampur - Ramanujganj Chhattisgarh.
4 - The Food Inspector Wadrafnagar, District Balrampur Ramanujganj Chhattisgarh.
5 - The Sub Divisional Officer (Revenue), Wadrafnagar, District - Balrampur - Ramanujganj Chhattisgarh.
... Respondent(s)
For Petitioner(s)
:
Shri Akath Kumar Yadav, Advocate
For Respondent(s) :
Shri Animesh Tiwari, P. L.
Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/09/2026
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1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 to call for the records of the case for kind perusal of this Hon’ble Court. 10.2 the Hon’ble Court may kindly be pleased to set aside/quash the impugned letter dated 28.02.2023 (Annexure – P -1) passed by the respondent No.5. 10.3 the Hon’ble Court may kindly direct the respondent to refrain the petitioner to submit the amount of Rs.1,53,358.52/- and to refrain from recovery. 10.4 any other relief deemed fit in the facts and circumstances of the case may also be granted.”
2. Learned counsel for the petitioners would submit that the petitioner has filed the present petition challenging the order dated 28.02.2023, whereby the allotment has been cancelled. It is submitted that, due to the COVID-19 pandemic, the petitioner could not make the requisite entries of the stock on the online portal and, therefore, the impugned order is liable to be quashed. Learned counsel for the petitioner further submits that the petitioner has already filed a reply explaining the reasons why the stock could not be reflected on the online portal and that the entire issue can be redressed by the concerned authority. Thereafter, if any irregularity is found, appropriate action may be taken against the petitioner in accordance with law. Learned counsel for the petitioner submits that the petitioner shall file an application before the concerned authority demonstrating that there was no loss or shortage of stock and that the same could not be reflected on the online portal due to the COVID-19 situation. It is further submitted that, if such an application is filed before the concerned authority, the same may be considered in accordance with law and an appropriate order may be passed. Hence, the present petition has been filed.
3. On the other hand, learned counsel appearing for the State submits that a show-cause notice was issued to the petitioners; however, the reply to the said show-cause notice was not found to be satisfactory. Consequently, the allotment was cancelled. He further submits that an efficacious alternative remedy is available to the petitioners under the law.
4. I have heard learned counsel for the parties and have perused the material available on record.
5. Considering the aforesaid facts and circumstances of the case, while quashing the order dated 28.02.2023, the petitioner is directed to file an appropriate reply within a period of 10 days, demonstrating that there was no misappropriation of stock and that the stock could not be maintained/updated online due to the COVID-19 situation. In turn, the concerned authority shall consider the same and pass an appropriate order in accordance with law, after affording an opportunity of hearing to the petitioner. The matter shall be decided within a period of 30 days, as provided under Section 16(3) of the Chhattisgarh Public Distribution System (Control) Order, 2016. Till the expiry of the said period of 30 days, the stay order granted by this Court dated 17.07.2023 shall continue.
6. The petitioners are directed to appear before the concerned authority along with a copy of this order. The concerned authority shall conclude the proceedings in accordance with Section 16(3) of the Chhattisgarh Public Distribution System (Control) Order, 2016, within a period of 30 days, from the date of receipt of a copy of this order
7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge yasmin YASMIN KHAN Digitally signed by YASMIN KHAN DN: cn=YASMIN KHAN, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.09.21 15:26:30 +0530