[o3 HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR Single Bench: PETITIONER RESPONDENTS Hon'ble Shri S.R. Nayak, CJ W.P. No. 727 OF 2006 Audhiyogik Vikash Mazdoor Prathmik Sahakari Upbhokta Bhandar Maryadit, Mandhar, Gram Panchayat Godhi, Block Dharsiwa, Distt. Raipur (C.G.) Through its President Santosh Uike, S/o Chetram Uike, Aged about 31 yeare, R/o 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 1. 2. 3. Audhiyogik Vikash Mazdoor Prathmik Sahakari Upbhokte 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 Mandhar, 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 Coltector Raipur, Distt. Raipur {C.G.] The Sub-Divisional Officer Raipur, Distt. _ r^ l^r Raipur(C.G.) The Food Inspector, Raipur (C.G.) Dharsiwa, Distt. W.P.No.746 OF 2006 PETITtONER RESPONDENTS 1. 2. 3. Jai Maa Kali Prathmik Sahakari Upbhokta Bhandar Maryadit, Mana Basti, Gram Panchayat Dhaneli, 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 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 OfRcer Raipur, Distt. Raipur (C.G.) The Food Inspector, Dharsiwa, Distt. Raipur (C.G.) W.P. No. 747 OF 2006 PETITIONER RESPONDENTS Jat Bajrang Audhiyogik Prathmik Sahakari Upbhokta Bhandar Maryadit, Chandfnidih, 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 Dharshiva, Distt. Raipur (C.G.) Vereus State of Chhattisgarh - Through The Secretary, Department of Food Pubiic Distribution and Consumer Protection Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The Collector Raipur, Distt. Raipur (C.G.) fo^ -3 PETITIONER RESPONDENTS PETITIONER RESPONDENTS 3. The Sub-Dh/isional 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 ^/laryadit, 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 Mate Prathmik Sahakari Upbholda Bhandar Maryadit, Semaria, Gram Panchayat Pirda, Block Arang, Distt. Raipur (C.G.) Through te President Veer Singh, S/o Tukaram, Aged about 31 ysars, R/o. Gram Panchayat Semaria, Block Arang, Disfi. Raipur (C.G.) Versus 1. 2. 3. 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. lo6 -•4 Raipur (C.G.) W.P. No. 710 OF 2006 PETITIONER Audhiyogik Vikash Mazdoor Prathmik Sahakari Upbhokta Bhandar Maryadit, Mandhar, Gram Panchayat Mauhagaon, Block Dharshwa, 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 RESPONDENTS 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, Dlstt. Raipur (C.G.) The Sub-Dlvistonal Officer Ralpur, Distt. Raipur (C.G.) The Food Inspector, Dharsiwa, Distt. Raipur (C.G.) W.P.N0.7110F2006 PETITIONER Jal Maa Kall PrathmtR 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 Dharsivra, Raipur (C.G.). Versus RESPONDENTS 1. 2. 3. 4. State of Chhattisgarh - Through The Secretary, Department of Food Public Distribution and Consumer ProtecUon Mantralaya, D.K.S. Bhawan, Raipur tc-G-). The Collector Raipur, Distt. Raipur (°•°•) _ The Sub-Divisional OfRcer Raipur, Distt. Raipur (C.G.) The Food Inspector, Dharsiwa, Distt. Raipur (C.Gj /o7- <' W.P.No.712 OF 2006 PETITIONER RESPONDENTS PETmONER RESPONDENTS 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 Chefram Uike, Aged about 31 years, R/o Mandhar Post & Tahsil Dharsiwa, Distt. Raipur (C.G.). Versus 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 Coilector Raipur, Distt. Raipur (C.G.) The Sub-Divisional OfRcer Raipur, Distt. Raipur (C.G.) The Food Inspector, Dhareiwa, Distt. Raipur (C.G.) W.P.No.713 OF 2006 Jai Bajrang Audhiyogik Prattimik Sahakari Upbhokta Bhandar Maryadit, Chandinidih, Gram Panchayat Datrenga, Block Dharsiwa, Distt. Raipur (C.G.) Through its President Lalit Kumar, S/o Sriram Verma, Aged about 22 years, R/o Chandlnidth, Post & Tahsil Dharsnva, Distt. Raipur (C.G.). Versus 1. 2. 3. State of Chhattisgarh - Through The Secretary, Department of Food Public Distribution and Consumer Protection Mantralaya, D.K.S. Bhawan, Raipur ^•G-)_.- The Coltector Raipur, Distt. Raipur (C.G.) The Sub-Divisional OfRcer Raipur, Distt. Raipur (C.G.) PETITIONER RESPONDENTS Present: [O^ 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, Btock 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 Raipur, 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, learned counsel for the petitioner. Mr. Vinay Harit, leamed Government Advocate, for the State/respondents. ORAL ORDER (Passedon 14m 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. fo^ •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 India without exhausting alternative statutory remedies. In that view of the matter, 1 dismiss all these writ petitions, however, reserving iiberty 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. If such appeals are preferred by the petitioners within seven days from today, the jurisdictionat Collector shall hear and dispose of those appeals within one month from the date of receipt of appeal, in accordance with law and after giving bpportunity of hearing to the petitioners. In the meanwhile, the respondents are directed not to allot the shops in question to any third parties till the District Collector disposes of the appeals of the petitioners as directed above. It is made clear that this order shall 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. Btroy^^ Sd/- Chief Justice