MAMTA DEVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard 1. Challenge in this petition is to the order dated 26.06.2020 (Annexure P-1) and subsequent advertisement dated 29.06.2020 (Annexure P-2) whereby the allotment of fair price shop of the petitioner was canceled.

(2.) Learned counsel for the petitioner would submit that on the basis of a report of the Food Inspector which was made behind the back of the petitioner, the initial suspension of the fair price shop was passed by respondent No.3 on 17.12.2019 and subsequently the show cause notice for cancellation of shop was issued on 11.06.2020 by Annexure P-4. It is stated that the petitioner thereafter applied for the document on which the suspension was ordered, however, the same was not supplied to him and without giving any opportunity of hearing, the cancellation of the fair price shop was passed on 29.06.2020. Thereby, gross violation of rules of natural justice was committed as required under the Chhattisgarh Public Distribution System (Control) Order 2016 (for short "the Order, 2016") and the order therefore cannot be sustained. It is also contended that on the basis of wrong cancellation of allotment of fair price shop, the advertisement was also issued for fresh allotment, therefore, such advertisement would also be bad and illegal.

(3.) In reply to it, the State counsel would submit that on the basis of the report of the Food Inspector, irregularities were found and the report was made by Annexure R-2 by the Food Inspector. It is further stated that such report was made on the basis of panchnama and statement given by villagers. Thereafter, due enquiry was conducted and the cancellation order is based on that. Therefore the enquiry was conducted and petitioner was heard which is evident from the panchnama and thereafter order was passed. Therefore, the order is well merited and the petitioner do not deserve any relief.