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Judgment
Hon'ble Shri Justice Amitendra Kishore Prasad
The petitioners, in this Writ Petition, have prayed for the following reliefs:-
“10.1That this Hon'ble Court may kindly be pleased to call the record of case from the respondent authorities.
10.2That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby quashing/ setting-aside the impugned order dated 22.10.2026 (Annexure P/1) and further be pleased to direct the respondent authorities to allow the petitioners to run allotted fair price shop of Gram Panchayat, Dunda.
10.3That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.”
Learned counsel for the petitioners submits that the petitioners are challenging the order dated 22.10.2026 passed by the Sub-Divisional Officer (Revenue), Bemetara, whereby the fair price shop of the petitioners has been suspended on the allegation that the petitioners are not running the fair price shop in accordance with law, as the stock list, price list, etc., have neither been issued nor displayed at a conspicuous place in the shop, in violation of the Chhattisgarh Public Distribution System (Control) Order, 2016, and, as such, the order of suspension has been passed.
Learned State counsel submits that an alternative remedy is available to the petitioners under the Chhattisgarh Public Distribution System (Control) Order, 2016. He further submits that the petitioners may approach the concerned Sub-Divisional Officer (Revenue) by filing an appropriate application, whereupon their case would be considered in accordance with law after affording them due opportunity of hearing. He, therefore, submits that the present petition is not maintainable.
Having considered the submissions made by learned counsel for the parties, particularly the fact that the fair price shop has temporarily been allotted to respondent No.5, this Court is of the view that the petitioners may approach the concerned Sub-Divisional Officer (Revenue), Bemetara, by filing an appropriate application. In turn, the concerned Sub-Divisional Officer (Revenue), Bemetara, is directed to consider the case of the petitioners after affording them due opportunity of hearing and thereafter pass an appropriate order within 30 days, as prescribed under the Chhattisgarh Public Distribution System (Control) Order, 2016.
Since the fair price shop has temporarily been allotted to respondent No.5, no interim relief can be granted at this stage. However, the concerned Sub-Divisional Officer (Revenue) is directed to decide the matter within 30 days from the date of receipt of a copy of this order.
It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid observations and directions, the present petition stands disposed of.