.ff <^1^.--:'i c.'^--^'j0.^-"" ^y-^ INlW^'HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P.No.7/'2-/ib06 PETIT10NER AUDHIYOG1K V1KASH MAZDOOR PRATHMIK SAHAKARI UPBHOKTA BHANDAR MARYADIT, MANDHAR, GRAM PANCHAYAT JAROD, BLOCK DHARSIWA, DISTT. RAIPUR (C.G.) THROUGH ITS PRESIDENT SANTOSH UIKE, S/0 CHETRAM U1KE, AGED ABOUT 31 YEARS, R/0 MANDHAR, POST & TAHSIL DHARSIWA, DISTT. RAIPUR (C.G.) VERSUS RESPONDENTS 1) '"»;.;'^'B^S^^ "<3a.':i^ ri'f'->' ^€ STATE OF CHHATTISGARH - THROUGH THE SECRETARY, DEPARTMENT OF FOOD PUBLIC DISTRIBUT10N AND CONSUWIER PROTECTION MANTRALAYA, D.K.S. BHAWAN, RAIPUR (C.G.) THE COLLECTOR RAIPUR, DISTT. RA1PUR (C.G.) THE SUB-DIVISIONAL OFFICER RAIPUR, DISTT. RAIPUR (C.G.) ^ THE FOOD INSPECTOR, DHARSIWA, DISTT. RAIPUR (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA Xi-HC-22 •TS? "^pn?ra, ®fl1yii6. ^^ .Wf...^.:...7.Jr^ sn*w^i 1^sii^3iCTi •*^i* ^fra ^i. Sil^i'FRBW(rf?3 'w^Nn IWRTI" ^ fs^ttfSrgre •^i'SlPW 311^8 1442-2006 Shri P.Diwakar, leamed gr; Advocate with Shri P.R. Patankar, learned counsel for the petitioner. j Notice re-rule. Shri Wnay Harit, learne^ Govt. Advocate takes notice for the State/respondente. With the consentof learnefJ counsel forthe partiesrthe petitionwas heard finally. Order passed separately. $^ned and dated. Sd/- ChiefJustice f . /^ [^ifs^ ^ .:iS6; ;»: HIGHCQURT OF JUDICATURE CHHATTISGARH : BILASPUR Single Bench: PETITIONER «-<i RESPONDENTS Hon'ble Shri S.R. Nayak, CJ W.P. No. 727 OF 2006 Audhiyogik Vikash Mazdoor Prathmik Sahakari Upbhokta Bhandar ^4aryadjt, Mandhar, Gram Panchayat Godhi, Block Dharsiwa, Distt. Raipur (C.G.) Through its President Santosh Uike, S/o Chetram Uike, Aged about 31 years, Rlo Mandhar, Post & Tahsil Dharsiwa, Distt. Raipur (C.G.) 1. 2. 3. 4. Versus State of Chhattisgarh - Through The Secretary, Department of Food Public Distribution and Consumer Protection Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The Collector Raipur, Distt. Raipur (C.G.) The Sub-Divisional Officer Raipur, Distt. Raipur (C.G.) The Food Inspector, Dharsiwa, Distt.'' Raipur (C.G.) PETITIONER RESPONDENTS W.P.No.728 OF 2006 Audhiyogik ViKash Mazdoor Prathmlk Sahakari Upbhokta Bhandar Maryadit, Mandhar, Gram Panchayat Tore, Block Dharsiwa, Distt. Raipur (C.G.) Through its President Santosh Uike, S/o Chetram Uike, Aged about 31 years, R/o Manc'har, Post & Tahsil Dharsiwa, Distt. Raipur (C.G.) Versus 1. State of Chhattisgarh - Through The Secretary, Department of Food Public Distribution and Consumer Protection Mantralaya, D.K.S. Bhawan, Raipur 2. The Collector Raipur, Distt. Raipur (C.G.) 3. The Sub-Divisional Officer Raipur, Distt. -2. lofir Raipur (C.G.) 4. The Food Inspector, Raipur (C.G.) Dharsiwa, Distt. W.P.No. 746 OF 2006 PETITIONER RESPONDENTS 1. 2. 3. 4. Jai Maa Kali Prathmik Sahakari Upbhokta Bhandar Maryadit, Mana Basti, Gram Panchayat DhaneU, Block Dharsiwa, Distt. Raipur (C.G.) Through its President Tilak Das, S/o Giro Nayak, Aged about 30 years, R/o Mana Basti, Block Dharsiwa, Raipur (C.G.) Versus State of Chhattisgarh - Through Ths Secretary, Department of Food Public Distribution and Consumer Protection Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The Collector Raipur, Distt. Raipur (C.G.) The Sub-Divisional Officer Raipur, Distt. Raipur (C.G.) The Food Inspector, Dharsiwa, Distt. Raipur (C.G.) W.P.No.747 OF 2006 PETITIONER RESPONDENTS Jai Bajrang Audhiyogik Prathmik Sahakari Upbhokta Bhandar Maryadit, Chandinidih, Gram Panchayat Dumartarai, Block Dharsiwa, Distt. Raipur (C.G.) Through its President Lalit Kumar, S/o Sriram Verma, Aged about 22 years, R/o. Chandinidih, Post & Tahsil Dharsiwa, Distt. Raipur (C.G.) Versus State of Chhattisgarh - Through The Secretary, Department of Food Public Distribution and Consumer Protection Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The Collector Raipur, Distt. Raipur (C.G.) / OL^ -3- PETITJONER RESPONDENTS PETITIONER RESPONDENTS 3. The Sub-Divisional Officer Raipur, Distt. Raipur (C.G.) 4. The Food Inspector, Dharsiwa, Distt. Raipur (C.G.) W.P. No. 748 OF 2006 Balaji Prathmik Sahakari Upbhokta Bhandar Maryadit, Kapsada, Gram Panchayat Kapsada, Block Dharsiwa, Distt. Raipur (C.G.) Through its President Sameer Khan, S/o Rashid Khan, Aged about 25 years, R/o. Kapsada Block Dharsiwa, Distt. Raipur (C.G.) Versus 1. 2. 3. 4. State of Chhattisgarh - Through The Secretary, Department of Food Public Distribution and Consumer Protection Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The Collector Raipur, Distt. Raipur (C.G.) The Sub-Divisional Officer Raipur, Distt. Raipur (C.G.) The Food Inspector, Dharsiwa, Distt. Raipur (C.G.) W.P. No. 750 OF 2006 Mini Mata Prathmik Sahakari Upbhokta Bhandar Maryadit, Semaria, Gram Panchayat Pirda, Block Arang, Distt. Raipur (C.G.) Through its President Veer Singh, S/o Tukaram, Aged about 31 years, R/o. Gram Panchayat Semaria, Block Arang, Distt. Raipur (C.G.) Versus 1. State of Chhatfisgarh - Through The Secretary, Department of Food Public Distribution and Consumer Protsction Mantralaya, D.K.S. Bhawan, Raipur 2. The Cotlector Raipur, Distt. Raipur 3. The Sub-Divisional Officer Raipur, Distt. Sf!"-l. l-^w' [0& ^ PETITIONER RESPONDENTS PETITtONER RESPONDENTS Raipur (C.G.) W.P.No.710 OF 2006 Audhiyogik Vikash Mazdoor Prathmik Sahakari Upbhokta Bhandar Maryadit, Mandhar, Gram Panchayat Mauhagaon, Block Dharsiwa, Distt. Raipur (G.G.) Through it5 President Santosh Uike, S/o Chetram Uike, Aged about 31 years, R/o. Mandhar, Post & Tahsil Dharsiwa, Distt. Raipur (C.G.) Versus 1. 2. 3. 4. State of Chhattisgarh - Through The Secretary, Department of Food Public Distribirtion and Consumer Protection Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The Collector Raipur, Distt. Raipur (C.G.) The Sub-Divisional Offlcer Raipur, Distt. Raipur(C.G.) The Food Inspector, Dharsiwa, Distt. Raipur (C.G.) W.P.No.711 OF 2006 Jal Maa Kall PrathmlK Sahakari Upbhokta Bhandar Maryadit, Mana Basti, Gram Panchayat Mana Basti, Block Dharsiwa, Distt. Raipur (C.G.) Through its President Tilak Das, S/o Giro Nayak, Aged about 30 years, R/o Mana Basti, Block Dharsiwa, Raipur Versus 1. 2. 3. 4. State ot Chhattisgarh - Through The Secretary, Department of Food Public Distribution and Consumer Protection Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The Collector Raipur, Distt. Raipur (C.G.) The Sub-Divisional Officer Raipur, Distt. Raipur (C.G.) The Food Inspector, Dharsiwa, Distt. Raipur (C.G.) -s /o^- W.P.No.712 OF 2006 PETITIONER RESPONDENTS PETITIONER RESPQNDENTS Audhiyogik Vikash Mazdoor Prathmik Sahakari Upbhokta Bhandar Maryadit, Mandhar, Gram Panchayat Jarod, Block Dharsiwa, Distt. Raipur (C.G.) Through its President Santosh Uike, S/o Chetram Uike, Aged about 31 years, R/o Mandhar Post & Tahsil Dharsiwa, Distt. Raipur (C.G.). Vereus 1. 2. 3. 4. State 3f Chhattisgarh - Through The Secretary, Department of Food Public Distribution and Consumer Protection Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The Coliector Raipur, Distt. Raipur (C.G.) The Sub-Divisional Officer Raipur, Distt. Raipur (C.G.) The Food Inspector, Dharsiwa, Distt. Raipur (C.G.) W.P. No. 713 OF 2006 Jai Bajrang Audhiyogik Prathmik Sahakari Upbhokta Bhandar Maryadit, Chandinidih, Gram Panchayat Datrenga, Block Dharsiwa, Distt. Raipur Through its President Lalit Kumar, S/o Sriram Verma, Aged about 22 years, R/o Chandinidih, Post & Tahsil Dharsiwa, Distt. Raipur (C.G.). Versus 1. 2. 3. State of Chhattisgarh - Through The Secretary, Department of Food Public Distrlbution and Consurner Protection Mantralaya, D.K.S. Bhav/an, Raipur (C.G.) _ The Collector Raipur, Distt. Raipur (C.G.) The Sub-Divisipnal Officer Raip!.;r, Distt. Raipur(C.G.) a'ass- ^@:'£• PETITIONER RESPONDENTS Present: 4. The Food Inspector, Dharsiwa, Distt. Raipur (C.G.) W.P.No.714 OF 2006 Audhiyogik Vikash Mazdoor Prathmik Sahakari Upbhokta Bhandar Maryadit, Mandhar, Gram Panchayat Dondekhurd, Block Dharsiwa, Distt. Raipur (C.G.) Through its President Santosh Uike, S/o Chetram Uike, Aged about 31 years, R/o Mandhar, Post & Tahsil Dharsiwa, Distt. Raipur (C.G.). Versus 1. 2. 3. 4. State of Chhattisgarh - Through The Secretary, Department of Food Public Distribution and Consumer Protection Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The Collector Ralpur, Distt. Raipur (C.G.) The Sub-Divisional Officer Raipur, Distt. Raipur (C.G.) The Food Inspector, Dharsiwa, Distt. Raipur (C.G.) Mr. P. Diwakar, learned Sr. Advocate with Mr. P.R. Patankar, leamed counsel for the petitioner. Mr. Vinay Harit, learned Government Advocate, for the State/respondents. ORAL ORDER (Paasedon 14"' February 2006) Since the complaints in all these writ petitions are substantially similar, all of them were clubbed, heard them together and they are being disposed of by this common order. (2) Against the orders impugned in these writ petitions, an appeal lies under Clause-18 of the Public Distribution System (Control) Order, 2004, to the Collector under Clause 18 (1) ofthe Public Distribution System (Control) Order 2004. /o? 7 (3) Having heard learned counsel for the parties, 1 am of the considered opinion that there is no justification for the petitioners to rush to this Court under Article 226 of the Constitution of.lndia without exhausting alternative statutory remedies. In that view of the matter, 1 dismiss all these writ petitions, however, reserving liberty to the petitioners to workout their legal remedies by way of appeal before the jurisdictional Collector under Clause 18 (1) of the Public Distribution System (Control) Order, 2004. tf such appeals are preferred by the petitioners within seven days from today, the jurisdictional Collector shall hear and dispose of those appeals within one month from the date of receipt of appeai, in accordance with law and after giving opportunity of hearing to the patitioners. In the meanwhile, the respondents are directed not to allot the shops in qu&stion to any third parties till the District Coilector disposes of the appeals of the petitioners as directed above. It is made clear that this order sha'l not come in the way of the card-holders drawing the provisions from the shops allotted to them under the impugned orders in the meanwhile. Sd/- c^3usttce