p e;':^?-'.: ^1"^1;?^:^^ ^^-'^'",^ "'•^'-' ^%^'- IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.fCI N0. / 2011 PETITIONER ^^ ?...-::^-<^ - ^yv <6' ^•••'' 'y^" '" ».i^S'.CTOT ^..E!^>>%. » 3St V, 'i^l is» .^ \ 'S-f' ir6 K '•'^/s^_ ~ - f.^ // v^sfy^ Krishak Mahila Swa Sahayata Samooh Chakapendra, Block- Navagarh, Distt.- Durg (C.G.). Through- its President, Smt. Shyam Bai Wd/o Late Shri Motiial. Banjare, aged about 65 years, R/o village Chakapendra, : Block- Navagarh, Distt.- Durg (C.G.). VERSUS : 1. State of Chhattisgarh Through :- The Secretary, Department of Food and Civil Supplies, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) 2." The Collector Durg Distt.- , Durg (C.G.). 3. The Sub Divisionai Officer ® Bemetara, Distt.-Durg (C.G.). HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (0 N0.5538 OF 2011 PETITIONER Krishak Mahila Swa Sahayata Samooh Versus RESPONDENTS State of Chhattisgarh & others (Writ Petition under Article 226 of the Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Sameer Singh, Advocate for the petitioner. Shri Arun Sao, Govt. Advocate for the State. O RD ER (Passed on this 19th day of September, 2011) 1. Heard learned counsel for the parties. 2. By this petition, the petitioner seeks to challenge the legality and validity of the order dated 24-8-2011 (Annexure - P/1) whereby the Fair Price Shop (for short "FPS") allotted in favour of the petitioner society has been cancelled. 3. Learned counsel appearing for the petitioner submits that in the year 2005 the petitioner society was allotted FPS and since then the said society is working with great sincerity and honesty. On 18-8-2011 (Annexure - P/3) a show cause notice was issued by the respondent No.3 to the petitioner society alleging that the amount payable against the essential commodities supplied in advance is not being paid by the petitioner society, which is in vjolation of conditions No.9 & 14 of agreement and Clause 16 of the Chhattisgarh Public Distribution System (Control) Order, 2004 [for short "PDS (Control) Order, 2004"]. In the said show cause notice, the petitioner society was directed to appear with documents and to submit explanation on 24-8-2011 . - According to the petitioner society, on account of heavy rains the petitioner society could not appear before the respondent No.3 on 24-8-2011, as a result of which the FPS allotted in favour of the petitioner society has been cancelled in an illegal and arbitrary manner. Even the basic principle of natural justice has not been complied with in its letter and spirit. Thus, this petition. ^ , .,-. On the other hand, learned counsel appearing for the State supported the impugned order. In the show cause notice dated 18-8-2011, it has been clearly mentioned that the petitioner society is required to appear before the respondent No.3 on 24-8-2011 along with the documents and the explanation, failing which appropriate action will be taken against the petitioner society on ex parte basis. The petitioner society has neither sent a representation for adjournment of the date of hearing nor, thereafter, any attempt was made by it to seek for time to submit explanation and to reconsider the order passed by the authority concerned. Clause 16 (1) & (3) of the PDS (Control) Order, 2Q04 reads as under: "16. Penalty.-(l) Ifshopkeeper contravenes any provision of agreement, his shop shall be liable for suspension or cancellation by authorized officer for allotment of Fair Price shop. XXX XXX XXX XXX XXX XXX XXX XXX XXX (3) Before cancellation of authority letter of Fair Price Shop or forfeiture of whole or part of security, Food Controller or Food Officer of district, Sub Divisional Officer of sub division shall issue show cause notice and after giving him appropriate opportunity of hearing decision shall made. This action shall be completed within a month from issuance of show cause notice." The reason, i.e. heavy rains, assigned by the petitioner society for not - appearing before the respondent No.3 on 24-8-2011, in compliance of the show cause notice dated 18-8-2011, does not merit acceptance. Since proper opportunity of hearing was afforded to the petitioner society by issuing show cause notice and providing sufficient time to respond to the same, it cannot be said that the impugned order has ,.^^8, « ^'WSSSSSh sf 10. 11 Gowri been passed without following the basic principles of natural justice. The petitioner society has further not pleaded that a prejudice had been caused to the petitioner society by not hearing it before passing the impugned order. Thus, if no prejudice has been caused, the order impugned cannot be assailed on the ground that due to heavy rains the petitioner could not appear before the authority concerned on the date of hearing i.e. 24-8-201 1 with relevant documents. (See : Viveka Nand Sethi v. Chairman, J &K Bank Ltd. & Others1 and P.D. Agrawal v. State Bank of India and Others ). The impugned order is just & proper and does not warrant any interference ofthis Court. As an upshot, the writ petition is shorn of merit and is: accordingly dismissed at the motion stage itself. Sd/- Satish K. Agnihotri Judge