^" l\ c -&'.ve<^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR CC.G.) WRIT PETITION N0. /2004 PETITIONER •^5;;3-;^ .^^ "-^-- VERSUS Janata Prathmic Upbhokta Sahkari Bandhar, Transport Nagar, Korba, Registration No. Fair Price Shop 3481/92 through : Its President Kishan Sharma, aged about 44 years, son of Shri Lal Chand Sharma, resident of - Main Road, Korba, Distt. Korba (C.G.) RESPONDENTS ^•od' t^^^e^^^^ The State of Chhattisgarh, through : the Secretary, Department of Food and Civil Supply, D.K.S. Bhawan, Raipur (CG) The Collector, Distt. Korba (CG) ^^"-^.'"\. ^rai^ 3. The District Food Officer, District Korba (Chhattisgarh) 4. Registrar, Co-operative Society, Bilaspur (Chhattisgarh) 5. Assistant Registrar, Co-operative Society, Bilaspur (C.G.) 6. Om Nikhleshwar Primary Sahkari Upbhokta Maryadit, Fair Price, Registration No. 42/2003, through : Its President, Om Nikhleshwar, Resident of near I.T.I. Rampur, Korba. (Chhattisgarh) ?'-—•? WRIT PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA Petitioner HiGH COURT OF CHHATTISGARH AT BSLASPUR WRIT PETITiON N0. 3597 of 2004 Janata Prathmic Upbhokta Sahkari Bandhar, Transport Nagar, Korba Versus Respondents State of Chhattisgarh & others WRiT PETiTiON UNDER ARTiCLE 226/227 OF THE CONST1TUTION OF iNDIA (SB : Hon'bte Mr. Satish K. Agnihotri, J.) Present:- Shri A.N.Bhakta, Advocate for the petitjoner. Shri N.N..Roy, Panel Lawyer for the State. ORDER (ORAL) (Passed on 22nd day of JLily, 2010) Learned counsel appearing for the petitioner submits that by communication dated 28/5/1992, Sub Divisionai Officer (Revenue), Korba was directed to allot the area situated at Power House Road, 15th Btock, Kashinagar, Tuisinagar, Amraiyapara, Transport Nagar, Korba, to the petitioner society. Thereafter, by the impugned order dated 14/9/2004 (Annexure P-1), the said Saket Nagarward No.11 was taken away from the petjtionerand was granted to Om Nlkhieshwar Prathmik Sahkari Upbhokta Bhandar Maryadit. This Court stayed the operation of the impugned order dated 14/9/2004 (Annexure P-1) on 12/10/2004. in viewof the interim order, learned counsei of the petitioner submits that he is continuing operation in the ar©a.The Coilector, Korba may be directed to look into the grievance of the petitioner and others and pass appropriate order in accordance with iaw, as in case on hand there might be severa! changes in the constitution ofward and distribution ofthe areas to Fair Price Shop. 4. 2 Shri Roy, leamed counse! appearing for respondents No.1 to 5 submits the interest ofjustice wouid be sub-served if the Coiiector takes decision havlng r.egard to the facts situation avaiiabie today and pass appropriate order. in view ofthis the petition stands disposed of. The impugned order which has been stayed by interim order dated 12/10/2004 passed by this Court shali contlnue untii the Coliector after having afforded opportunity of hearing to the petltioner and rsspondsnt No.6, takes a decision and pass appropriate order in accordance with !aw. ;- 1 Sd/- Satish K. Agnihotri Judge AO Ashok