(W/^^ 5 singie Beneh IN HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P (C) No....y.l9:5......./20ii PETmONER^ Versus RESPONDENTS i.- < ,A s'^.^y ^^ »*' ^•y...--'" ^ ,.•' ^'^••'" 2r 3. 4.' ^; 5. 6: 7. ^- 8. Pawansut Prathmik Sahkari UpbhoktaBhandar Maryadit, Ward No. 22, Sundar Nagar, Camp I, BhilaiDistrict - Durg (C.G.) Through president Lallan Yadav S/ o Late Natha Yadav , age 41 years, R/o Adarsh Nagar, Camp 1 , Bhiali, P.S. Chhauni , Tehsil & District - Durg ( C. G.) State of Chhattisgarh, Through Secretary Department of Civil Supplies, Mantralaya, D.K.S. Bhawan, Raipur, (C.G.) Collector (Food) District - Durg, (C.G.). Food Controller District - Durg (C.G.). The President Samudayik Vikas Samit, Ram Nagar, Bhilai, District - Durg (C.G.). The President Samudayik Vikas Samit, Guru Ghasidas Nagar, Bhilai, District - Durg (C. G.). The President Samudayik Vikas Samit, Sahid Veer Narain Singh, Bhilai, District - Durg(C.G.). The President Samudayik Vikas Samit, Sundar Nagar, Camp II, Bhilai, District - Durg (C. G.) The President Samudayik Vikas Samit, Sant Ravi Das Nagar, Bhilai, District- Durg (C.G.) -rTn~?---°T-t-"H- @ ^ 9. The President Samudayik Vikas Samit, Brinda Nagar, Bhilai, District -Durg (C.G.) 10. The President Samudayik Vikas Samit, Station Maroda, Bhilai, District - Durg (C. G.) 11. The President Samudayik Vikas Samit, Gayatri Mandir, Ward No. 40, Bhilai, District - Durg (C. G.) WmTPETITIONUNDER ARTICLE226 OF THE CONSTITUTION OF INDIA ^-— fc^ mGH COURT QF CHHATTISGARH AT BILASPUR WRIT PETITION (Q No. 4173 of 2011 PETITIONER RESPONDENTS Pawansut Prathmik Sahkari Upbhokta Bhandar Maryadit. VERSUS State ofChhattisgarh & Others. WRIT PETITIQNUNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. Aenihotri, J. Present: Shri Uttam Pandey, Advocate for the petitioner. Shri Arun Sao, Govemment Advocate for the State/respondent No. lto3. ORDER (Passedon 08th day ofDecember, 2011) 'lC:' I. Challenge in this petition is to the orderdated 31.05.2011 (Annexure P/4) issued by the respondent No. 2, whereby the respondent No. 4 to 11 have been o,ilotted fair price shops. The petitioner further seeks a direction te the respondent authorities to consider and decide his application dated 13.03.2008, within a period ofone week in terms ofthe Chhattisgarh Public Distribution System (Control) Order 2004 (for short 'the Order, 2004'). 2. Shri Uttam Pandey, leamed counscl appearing for the petitioner submits that the petitioner is a registered society. The petitioner applied for allotment of fair price shop on 13.03.2008 in the prescribed form, however, without deciding his application, the respondent No. 4 to 11 have been ailotted fair price shops without following the provisions contained ir>. llie Order 2004. /°/ ^ ,^ 3. On the other hand, Shri Sao, leamed Govemment Advocate appearing for the State/respondent No. 1 to 3 submits that no allotment order has been issued in respect of Ward No. 22 for which, the petitioner had made application. The petitioner can not be aggrieved by allotment to others who were applicants in case of other wards. Thus, challenge to the order dated 31.05.2011 (Annexure P/4) is not maintainable. Further, the impugned order is an appellable order under clause 18(2) ofthe Order, 2004. Thus, this petition is not maintainable on the ground of availability of altemative statutory remedy, also. 4. On pemsal ofthe impugned order dated 31.05.2011, it appears that the allotment of other wards has been made to the respondent No. 4 to 11, not for the locality, for which, the petitioner had applied. In fact, there is no order in regard to allotment of fair price shop of ward No. 22, Camp Adarsh, Andhra Colony, Durg. Thus, at this stage, no cause ofaction arises for it to challenge the allotment of other respondents. Further, clause 18(2) of the Order, 2004 provides that any person aggrieved by an order of the designated officer for the allotment of Fair Price Shop or cancellation of Fair Price Shop may appeal to the Collector within 90 days of the receipt of the order. Any person aggrieved by an order of the Collector may appeal to the State Govemment within 30 days of the date ofreceipt ofthe order and its decision shall be final. 5. Thus, the petitioner, without availing the altemative efficacious and statutory remedy, has mshed to this Court seeking quashing of the allotment order which is not in respect of Ward No. 22, for f. o 2— 3 which the petitioner has made an application. The petition is meritless and fallacious. 6. In view ofthe above, the writ petition is dismissed. 7. No order astocosts. Amit Sd/- SafishK. Agnihotri Judge •\u <'