Rajesh Kumar vs State Of H.P. & Ors.

Chirag Bhanu Singh, Judge (Oral)

The petitioner has filed the present petition under Article 226 of the Constitution of India, seeking quashing of impugned order dated 05.10.2026 (Annexure P-6) passed by the Controller, Food, Civil Supplies & Consumer Affairs, District Sirmaur at Nahan H.P., vide order dated 05.10.2026, whereby the petitioner has been deprived to operate the fair price shop, appointing the respondent i.e. respondent No.6 the Secretary of the Society itself.

However, perusal of the H.P. Specified Essential Commodities (Regulation of Distribution) Order 2019 shows that as per Rule 17 of the said order, an appeal against the orders of the Controller lies to the Director, Food, Civil Supplies and Consumer Affairs Department, i.e. respondent No.2 herein. It is a remedy which the petitioner has failed to invoke. It is indeed the most appropriate, efficacious and an alternative remedy the petitioner had to resort to before approaching this Court under Article 226 of the Constitution of India.

Faced with the aforesaid situation, learned counsel for the petitioner submits that he shall immediately approach the Director, Food, Civil Supplies by filing statutory appeal. However, in the inter-regmum, the petitioner be protected, as he is running the fair price shop even today.

Having considered the submissions so made, the present petition is disposed off with a direction to the petitioner to approach the competent authority i.e. respondent No.2, Director, Food, Civil Supplies and Consumer Affairs within a period of two weeks from today.

Since the petitioner is stated to be running the fair price shop even of today, the parties shall maintain status quo till the filing of the appeal before the competent authority and till such such time, the operation of the impugned order dated 05.10.2026 (Annexure P-6) shall stay.

The petition is disposed off in the aforesaid terms, so also the pending application(s) if any.