Authority: High Court of Chhattisgarh at Bilaspur

Order Date: Not specified

Case Overview

  • Petition filed by Jai Bhole Khadya Suraksha Poshan Evam Upbhokta Seva Sahakari Samiti Maryadit (President Muneshwar Yadav) challenging the order dated 06.08.2026 issued by the Sub‑Divisional Officer (Revenue), Ambikapur, which cancelled the society’s allotment of the Government Fair Price Shop (FPS) in Gram Panchayat Sapnadar and issued an Ishtihar inviting fresh applications.
  • Respondents include the State of Chhattisgarh (Food Department), the Collectorate (Food Branch), the Sub‑Divisional Officer (Revenue), the Food Inspector, and Gulabi Swayam Sahayata Samuh Bisarpani (respondent No.5) which was attached to the FPS.
  • The petitioner argued that the cancellation was arbitrary, non‑speaking, malafide, violated Articles 14 and 21, and was based solely on e‑POS transaction data that did not prove the shop was closed. No allegations of diversion, black‑marketing, or other violations were made.
  • Respondents contended that the order was passed after considering material on record and that the petitioner had an efficacious remedy.

Final Outcome

  • The Court set aside the impugned order dated 06.08.2026 (Kramank 1108/A.Vi.A./Khadya/2026) without expressing any opinion on the merits.
  • The Sub‑Divisional Officer (Revenue) is directed to reconsider the matter, afford a hearing to the petitioner, and pass a reasoned order in accordance with law.
  • The petitioner may approach the competent authority within 10 days; the authority should conclude proceedings and issue an order preferably within 30 days thereafter.
  • Until the competent authority’s final decision, the Fair Price Shop shall continue to be operated by respondent No.5, but this arrangement does not create any right or equity in favour of respondent No.5.
  • The Court clarified that it has not ruled on the petitioner’s eligibility to continue operating the FPS; the competent authority must examine the issue independently under the applicable provisions.

Topics: Public Distribution System, Legal Relief