C-^1^0^7 IN THE HIGH COURT OF CHHATTISGARH ATBILASPUR WP (CJ No. 2-3^5 pf 2007 •^•- ^s^-" ^...-:-^%^ Respondents ^y^ ^ Petitioner <^ Phoolo Devi, aged about 58 years, ....^,?^'w~Wtfe of late Kashi Sao, Residenf of Shardapara, Baikunth Nagar, Camp-2, Bhilai District Durg (C.G.) yi^sus State of Chhattisgarh through /. 1) Secretary, Departinent of Food and Civil Supply, DKS Bhavan, Matralaya, Raipur (C.G.) ^: 2) Director, Food and CivU Supply and Consuiners Protection, Raipur (C.G.) -3) CoUector (Food), District Durg (C.G.) :4) Food ControUer, Department of Food, District Durg (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPMATE WRIT/WRITS. ORDER/ORDERS. DIRECTION/DIRECTIONS etc. w HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (C) N0.2995 OF 2007 PETITIONER PhooloDevi RESPONDENTS Versus State of Chhattisgarh & Others (Writ Petition underArticle 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Uttam Pandey, Advocate for the petitioner. Shri A.S. Kachhawaha, Dy. Adv. General for the State. ORDER (ORAU (Passed on this 21st day of July, 2010) 1. By this petition, the petitioner seeks following reliefs : "i) That the Hon'ble Court be pleased to summon the entire record pertaining to Food Case No.98/9798 from the court of respondent No.3. ii) That the h4on'ble Court be pleased to issue a writ in the nature of mandamus commanding thereby to the respondents 2, 3 and 4 that Hawker Card No.90 allotted in the name of petitioner's late husband Kashi Sao be transferred in the name of the petitioner with immediate effect. iii) That such other relief/s that may be deemed fit and just in the facts and circumstances of the case, be also granted in favour of the petitioner including costs ofthe petition." 2. According to the learned counsel appearing for the petitioner, the husband of the petitioner namely; Kashi Sao (since deceased) was granted Hawker Card No. 174, which was re-numbered as 90, to distribute kerosene at various points on retail basis in Bhilai. Thereafter, the husband of the petitioner Kashi Sao died on 21-10-1999. Some proceeding was initiated, according to the learned counsel appearing for the petitioner, against the petitioner and her late husband, which resulted into passing of the order by the Collector, Durg, on 20-12-2001 (Annexure - P/7) in food case No.98/97-98. The Collector, after having found the allegations against the deceased proved cancelled the hawker card. There is no challenge to the said order in this petition. It appears that the petitioner has filed another application for transfer of the card in favour of the petitioner. The Collector, Durg, by order dated 20-2-2009 (Annexure - R/A) rejected the application of the petitioner on the ground that hawker card of her late husband was cancelled in the month of December, 2001 and thereafter, the petitioner is earning her livelihood without hawker card. This order is also not under challenge. The prayer is that the earlier hawker card allotted to her husband may be transferred to the petitioner. Once the hawker card has been cancelled way back in the month of December, 2001 and there is no challenge against the order dated 20-12-2001 (Annexure - P/7) and subsequent order dated 20-2-2009 (Annexure - R/A), no relief can be granted to the petitioner. . It is informed, at the bar, that there is an alternative forum to challenge the order passed by the Collector before the Director (Food) under the provisions of clause 3 (a) of the circular dated 16-1-1999 (Annexure - R/1). The petitioner may take recourse to the alternative statutory forum, asprescribed underthe aforesaid provisions, if so advised. For want of specific challenge and prayer, no prayer can be granted in exercise of powers underArticle 226 of the Constitution of India, atthis stage. Accordingly, the writ petition is dismissed with the aforesaid liberty. There shall be no order asto costs. Gowri Sd/- Satish K. Agnihotri Judge