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Judgment
The petitioners, in this Writ Petition, have prayed for the following reliefs:-
“10.1issue an appropriate writ, order or direction, particularly in the nature of Certiorari, quashing and setting aside the impugned order dated 10.06.2026 passed by the Respondent authority, whereby the licence/authorization of the Fair Price Shop bearing Shop ID No. 562003020, operated through Kamal Self Help Group, Loro, has been suspended
10.2.issue an appropriate writ, order or direction directing the Respondents to restore/reinstate the licence/authorization of the aforesaid Fair Price Shop and permit the Petitioners to continue its operation in accordance with law.
10.3.grant any other relief, direction or order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.”
Facts of the case in brief are that the petitioners have challenged the order dated 10.06.2026 passed by the Sub-Divisional Officer (Revenue), Bagicha, District Jashpur (C.G.), suspending the licence/authorization of the Fair Price Shop operated by Kamal Self Help Group, Loro and entrusting its operation to Gram Panchayat Loro, alleging violation of the principles of natural justice.
Learned counsel for the petitioners submits that the impugned order has been passed behind their back without conducting any inquiry or affording them an opportunity of hearing. He further submits that pursuant to the impugned order, the operation of the Fair Price Shop has been entrusted to Gram Panchayat Loro, Tehsil Sanna, District Jashpur (C.G.). He, therefore, submits that the impugned order deserves to be quashed and set aside.
Per contra, learned State counsel submits that the order of suspension is not a final order and that an inquiry is required to be conducted in accordance with the Chhattisgarh Public Distribution System (Control) Order, 2016. He further submits that the concerned Sub-Divisional Officer (Revenue) may have already initiated the inquiry and, if not, the same shall be initiated shortly. He also submits that the petitioners shall be afforded an opportunity of hearing and the proceedings shall be concluded in accordance with law, preferably within the prescribed period. He, therefore, submits that no interference is warranted at this stage.
Having heard learned counsel for the parties and upon perusal of the material available on record, particularly considering that the order of suspension was passed on 10.06.2026 and the operation of the Fair Price Shop has meanwhile been entrusted to Gram Panchayat Loro, this Court deems it appropriate to direct the concerned Sub-Divisional Officer (Revenue) to initiate proceedings under Chhattisgarh Public Distribution System (Control) Order, 2016, if not already initiated, and afford the petitioners an opportunity of hearing. Thereafter, if the proceedings have not already been concluded, the concerned authority shall pass an appropriate order in accordance with law, preferably within 30 days, as provided under the Control Order.
It is made clear that this Court has not expressed any opinion on the merits of the case and the concerned authority shall decide the matter in accordance with law.
The petitioners are at liberty to file reply before the concerned authority and raise all the grounds urged before this Court.
With the aforesaid observations and directions, the present petition stands disposed of.