HIGH COURT OF CHHATTISGARH AT BILASPUR S.B. HON’BLE SHRI DHIRENDRA MISHRA, J qvv \Qec‘ 0% w.P.(c) No. 5722 of 2009 PETITIONER 1. Smt. Savitri Malakar W/o Shri Shobharam. President Mahila Prathmik Sahkari Upbhoka Bhandat, Vinoba Nagar, Raigarh, District Raigarh (CG) 2. Smt. Sevti Izardar W/o Jeevan W/o Jeevan Lal. Occu. Seller. Sanchalak, Adarsh Mahila Prathmik Sahkati Upbhokta Bhandar, Vinoba Nagar, Raigarh, District Raigarh (CG) RESPONDENTS : 1. State of Chhattisgarh, through Secretary, Food Department, DKS Bhawan, Mantrataya Raipur, District Raipur (Cd). Vs 2. Minister, Khad Nagrik Apoorti Evam Upbhokta Sanrakshan, Chhattisgarh Government DKS Bhavan. Mantralay, Raipur, District Raipur (CG) 3. Coliector, (Food Branch) Raigarh, District Raigarh (CG) 4.Food Controller, District Bilaspur (CG) 5. Food Officer, Raigarh, District Raigarh (CG) Present : Shri Sunil Sahu learned counsel for the petitioners Shri Bhaskar P§asi, teamed GA for the State/respondents. ORAL ORDER ,(Passed on 7'“ October, 2009) Dhirendra Mishra J The petitioners have tiled this petition against thenorder dated 30‘" November, 2005 (Annexure Pl3) passed by Food Omcer, whereby allotment of fair price shop in favour of the petitioner has been cancelled with immediate effect. and the order passed by theFood Officer has been, subsequently, confirmed in appeal b‘y'the Collector vide order dated 7.1 .2008 of Annexure P/2. The appeal preferred by the petitioner has also been dismissed by the State vide order dated 8.8.2009 of Annexure P/1. Learned counsel for the petitioners submits that while dealing with the appeal tiled by the petitioners, report was requisitioned from the Food Ofiicer, Raigarh, who submitted his report and did not find any irregularity being committed by the petitioners while operating the fair price shop. However, the f. appellate authority/State without c n9 the report of the Food Officer has contirmed the order passed by the Collector without assigning any feaS0n . Heard. Perused the orders passed by the authorities below. From the documents available on record, it appears that the petitioners were sewed with a show cause notice with respect to certain irregularity found in the fair price shop run by the petitioners-society and in reply thereto, the Society admitted having committed certain lapses. it is also observed that earlier also due to certain irregularities committed by the petitioners, a security deposit of Rs.5,000/— was forfeited and the Society was warned not to repeat the mistake in future, and considering the aforesaid aspects, the appellate authority/State has dismissed the appeal and upheld the order of the Collector. whereby the allotment of fair price shop to the petitioners-Society has been cancelled with immediate effect. On due consideration of the impugned order, i am of the opinion that there is no illegality or infirmity committed by the authorities below warranting interference in exercise of jurisdiction under Article 226 of the Constitution of india. Accordingly, the petition being without substance is hereby dismissed at the admission stage itself. Sd/- Dhirendra Mishra ,‘l, Judge Ii o ;