^;^£;a'iE"*"t": rsft cHlCTlCTllAI <ixyc< o^EIT^.nc'K^ 19-C-ft-e-ldleS f^c41 -&=P^^(^?-13T-) W.P. No.3Z7^/ 2004 TT-Epq 'STtcT ^cll'l'l sn. '^^. ^ W^- ^ITCT '^^rfTT:I r'1c)|y| -TTTq "TTCPTCT^; 'cf^'. ':TTCT";>T1aT^:C 'F^^rll 'sl^-ci^. ('^*TT.) ** *. ^Tlf^iciaict^^^ IS SS'Tll'yiS 1. f'>'~l -^^.^ fsl "f^rs.Tta SPJ ^l'lRch •STPlRt' T3^ -?T!;^TTUT 'f^^TPT/^ ^TT^T ^Tny-iito TJZT3? C®-"^-) 2. STSq^T ~5PT?^TgX E9Tn'M<IQ °hC'l q-d< ^fTR^Ty: r<ii<ni si<-<i< ('®.TT. "QTST STffcl ch 1 <1 I^TCTT °hl-4f<-1-4 ^sTTSI ^TTtS ^il^'r)LI,< ~f23RTT ^^TT ('®.~T.) 5. 3T3f^^n7ftaT arTN'+Kl (<i^<?q) ~^ro~zpTT^ PSKII °<-<-a< (®.TT. \c^'<'y ^\' ^ ^' ^0' -^^^' ,..<s?^><"x r-"" ^^" ^o- S'rcl^a-T^STOT qT^%T/Aa ZTlRTERT alcTafd 3TS|:ET^^: 226 ^ril-lcflcT 3T3l:B^^- 227 3-TTZ^3^ Tlf^ETToT 1 ) HIGH COURT OF JUDICATURE AT BILASPUR fC.G) Paiichanilal Dewajlgaii Vs. State of Chhattisgarh and others O RD E R Postfor^;. .01,200; _c_ Sd/- Sunil Kumar Sinha Judge y3;;^*atN^ HIGH COURT OF JUDICATURE AT BILASPUR (C.G') No.3275 Panchamlal Dewaagau State of Chhattisgarh a&d ofhers Shri Abdul Wahab Kliaa, coimsel for the Petitioner Shii M.P.S. Bhatia, Paael LsKwer for the Sta.te on adva&ce copy O R DE R ( ^ .01.2005) , J, Heard on admission. [2) By fhis v.Trit petition ffled under Article 226/227 of the Constitution of India fhe petitioner bas virtuaUy chaUenged tlie legaUt}- offlie order dated 31.3.2003 (Annexure P-2) by which fhe services of the petitiouer have been terniinated by flie authorities of Adim Jati Seva Sahkari Samiti Maryadit Narayanpur, District Bastar (C.G) on account of privatization aiid sepai'ate allotraent of fhe fair price shop on tlie naine of petitioner ia his personal capacit','. He bas also prayed for a direction for not caiicelmg tiie sliop which was atlotted to him. vide order dated 21.3.2003 {Anaexure P-11. He has fiirther prayed that fhe respondents be directed to contmue witli fhe fair price shops allotted under Master Scheine 2001. (3) According to fhe petitioner, he was appoiated as a sales- inaii of ttie price shop of Adim. Jati Seva Sahkari Samiti Man'adit, Narayaapur, on 12.8.1987. The fair price sliop was -1.- -iSii'" beitig run by ffae said Co-operative Society. Later on, llie Govemnient introduced a new foocl distribution scherue coictmonlv known as "Master Scheiue 2001" and the shops were caxiceUed aad the same were aJlotted to the iadividual persons.' According to the order clated 21.3.2003 (Annexure P- 1) after caacellation of the fair price shops of the Co-operstive Societ}', Narayanpur, shop at Narayanpur was allotted to the petitioner ia liis personal capacit}7. The petitioner was rimiiing bis shop since 21.3.2003 ia his pmrate capacift- aiid there was ao concem with fh.e co-operative society. Later on, iii consequence of the aforesaid separate aJlotiiient in the name of tlie petitioner, fb.e Societ}' passed tbe inipugaed order dated 31.3.2003 aiid directed fhat due to abolition of shoos of tlie societ}- and ftulher aboUtion of post of salesman aiid also due to tlie allotinent of private shop ia tlie nsjiie of tlie petitioaer, tlie sen'ice oftlie petitioner is tenniiiated. (4] Leara.ed counsel for the petitioner subniits that tlie aibresaid order of teniunation is uot in accordaace ^ntli law. He further subinits that fhe petitioner is apprehendiag tliat aow these private shops are also to be closed aiid in the said situation fhe petitioner would be jobless. (Sl Heard the leamed counsel at length. Also perused the petition and tlie dociunents annexed flierewith. It is apparent from the order dated 21.3.2003 (Annexure P-1) tliat due to unpleinentatioii of ttie Master Scheiae 2001, fhe shops n-in by fhe Co-operative Societies have been abolished and tliey were aUotted to fhe persons in their uidividual capacity. The .<g-i^ii'? -.^...-.ii^..;::..- -3- petitiouer was also ailotted the shop at Narayaapiir and is n.uinm.g the same. This allotm.ent iil flie nam.e offhe petitioner iu private capacity aad the acceptance thereof itself shows tliat the petitioner did not continue with fhe sendces of the co- operative •society w.e.f 21.3.2003. (6} A bare perusal of the order dated 31.3.2003 sbows fhat siace tL.e new Public Distribution Scheiue crovides for privatizatiou of the fair price shops aad furfher since the shop allotted to fhe co-operative socieft- has been aboUshed aiid tlie petitioner was allotted the said shop ia his iitdividual capacin-, therefore, fhe seryices of the petitioner is beiag tenniaated. In fact, tliis is a fonaal order in relation to clearance of accounts and charges which the petitioner was holdiag when he was working as a salesiaan of tbe fair price shop of the co-operative society. This COLUI does not find aiiy iUegaliti' ia passing tiie order Annexure P.2 which is, in fact, a fomial order for clearing the dues bv fhe petitioner after leaving the seivices of fhe societe' by taMag a separate fair price shop on his naine under the Scheme 2001 vide order dated 21.3.2003 (Annexme P-1). (7) Coiuing to the next point of apprehension about the caiiceUation/abolition of fh.e individual fair pri.ee shop of ttie petitioner, this Court can only say fhat tlie apprehension is unfouiided. No docunients have been filed by fhe petitioner which inay show tliat his individual shop is goiiig to be cajiceUed. T'his court exercising powers under Article 226/227 of fhe Constitution of India caanot issue anv sach writ on the unfounded apprehension of a parts' for wbich even no pruna ^*-..^.: facie substaiice has been broiight on record. In the opiaion of this Court, ia fact, no cause of action has aiisen in favonr of tlie petitioner to file a petillon. is. this regard. It is nierely aii apprehension and the petition is preiiiatui-e. Having ttius considered fli's entire facts and circumstances, fhis Court is of the opiiiion that fhere is no m.erit iii the petition. The oetition deseives to be and is herebv disjnaissed at fhe adinission stage itself withoiit notice to the ofher side. No orders as to cost. staild disposed of. Consequentiy, M.W.P.2865/2004 £aici_I._A-No_69-&U3QQA Sd/- Sunil Kumar Sinha Judge .U i.2005 /Rsiof !|W