Chhattisgarh High Court
WPC/6199/2024 of RADHA GUPTA Vs STATE OF CHHATTISGARH on 15 September 2026
2026:CGHC:40530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6199 of 2024 1 - Radha Gupta W/o Shishupal Gupta Aged About 38 Years President, Annapurna Mahila Swa Sahayat Samuh Village - Saraipali Tahsil Tamnar District Raigarh Chhattisgarh 2 - Arundhati Gupta W/o Trinath Gupta
CGHC010430642024
2026:CGHC:40530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 6199 of 2024
1 - Radha Gupta W/o Shishupal Gupta Aged About 38 Years President, Annapurna Mahila Swa Sahayat Samuh Village - Saraipali Tahsil Tamnar District Raigarh Chhattisgarh 2 - Arundhati Gupta W/o Trinath Gupta Aged About 40 Years Secretary, Annapurna Mahila Swa Sahayat Samuh Village - Saraipali Tahsil Tamnar District Raigarh Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supplies And Consumer Protection Mahanadi Bhawan Mantralaya, New Raipur, District Raipur Chhattisgarh 2 - Collector Raigarh, District Raigarh Chhattisgarh 3 - Sub Divisional Officer (Revenue) Gharghoda, District Raigarh Chhattisgarh 4 - Food Inspector Gharghoda, District Raigarh Chhattisgarh 5 - Manager Govt. Fair Price Shop (Shop Id 412007038) Village - Rabo Tahsil - Tamnar District Raigarh Chhattisgarh
... Respondent(s)
For Petitioner(s)
: Mr. Ashutosh Mishra, Advocate.
For Respondent(s)/State
: Mr. Hariom Rai, Panel Lawyer.
Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board RAGHVENDRA
JAT
Digitally
signed by
RAGHVENDRA
JAT
16/09/2026
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1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 to kindly pleased to quash/Set aside the order dated 13.11.2024 issued by the Sub Divisional Officer (Revenue), Gharghoda District Raigarh CG (ANNEXURE- P/1). 10.2 to kindly pleased to quash/Set aside the proceeding initiated against the petitioner vide order dated 10.06.2024 (Annexure-P/3) in Revenue Case No. 202409042600005/B-121/2023-24." 10.3 to kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”
2. Learned counsel for the petitioners would submit that petitioners are running fair price shop namely Annapurna Mahila Swa Sahayata Samuh, Saraipali, but without providing opportunity of hearing to the petitioners, as provided under Section 16(3) of the Chhattisgarh Public Distribution System (Control) Order, 2016, allotment of the said fair price shop has been cancelled vide order dated 13-11-2024 passed by the Sub Divisional Officer (Revenue), Gharghoda, Distt. Raigarh as such the petitioner has filed this petition.
3. On the other hand, learned counsel for the State submits that show cause notice was issued to the petitioners, but reply of said show cause notice was not found to be satisfactory, therefore, the allotment has been cancelled. He further submits that there is efficacious alternative remedy available under the law.
4. I have heard learned counsel for the parties and having perused the material available on record.
5. Considering the facts and circumstances of the case, and further considering that no proper opportunity of hearing was granted to the petitioner, the alternative remedy cannot be treated as an effective remedy in the present case. Accordingly, the impugned order dated 13.11.2024 passed by the SDO (R) is hereby set aside. The matter is remitted back to the concerned SDO (R) to provide a proper opportunity of hearing to the petitioner in accordance with Section 16(3) of the Chhattisgarh Public Distribution System (Control) Order, 2016, and thereafter to pass an appropriate order in accordance with law.
6. The petitioners are directed to appear before the concerned authority along with a copy of this order. From the date of receipt of 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.
7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat