(L^ ^ FNLJLHXHIGH COURT OF CHHATTISGARH AT BILASPUR PETITIONER ^....··^ ^>';;"s.^ ^^" ^>- ^-' ^'y\y .•' v^ " ..'>* ,<.<>y ^^ ^' <?T^t" <s;s.v VERSUS W.P.fC) No ;^.W^../20ii Shri Ganesh Prathmik Sahkari Upbhokta Bhandar,Maryadit Ram Nagar Supela,Bhilai,Dist.Durg (C.G.)Through,President-Raj Kumar Sahu S/o Ishwar lal Sahu, Aged about 32 years R/o- Ram Nagar Azad Chowk Supela Bhilai, Distt. Durg (C.G.) £ RESPONDENTS 4 Sl^^' ^ i. State of Chhattisgarh Through- Secretary Department of Civil Supplies, Mantralaya,D.K.S. Bhawan, Raipur (C.G.) 2. ' Collector (Food) Distt. Durg (C.G.) 3. Food Controller Distt. Durg ( C.G.) 4.* The President Samudayik Vikas Samiti, Ram Nagar, Bhilai, Distt. Durg ( C.G.) 5. The President Samudayik Vikas Samiti Guru- ghasi Das Nagar,Bhilai,Distt. Durg / (C.G.) 6. The President Samudayik Vikas Samiti, Sahid Veer Narayan Singh, Bhilai, Distt. Durg (C.G.) -> ^ ^i^ j^~' ^^'? ^ '^%.y^ 7. ^ ThePresident Samudayik Vikas Samiti, Sunder Nagar, Camp-2 ,Bhilai, Distt. Durg (C.G.) 8. The President Sant Ravi Das Samudayik Vikas Samiti, Santervidas Nagar, Bhilai, Distt. Durg (C.G.) 9'. The President Samudayik Vikas Samiti, Vrinda- nagar ,Bhilai, Distt. Durg (C.G.) id. The President Samudayik Vikas Samiti, Station Maroda, Bhilai, Distt. Durg (C.G.) ii. The President Samudayik Vikas Samiti, Gayatri Mandir ,Ward No. 40, Bhilai, Distt. Durg (C.G.) .1-. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA % HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (Q No. 4102 of 2011 PETITIONER RESPONDENTS Shri Ganesh Prathmik Sahkari Upbhokta Bhandar Maryadit. VERSUS State ofChhattisgarh & Others. WRIT PETITION UNDER ARTICLE 226 OFJ-HE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. Asnihotri, J. Present: Shri Uttam Pandey, Advocate for the petitioner. Shri Arun Sao, Govemment Advocate for the State/respondent No. 1 to 3. ORDER (Passed on 08th day ofDecember, 2011) 1. Challenge in this petition is to the order dated 31.05.2011 (Annexure P/4) issued by the respondent No. 2, whereby the respondent No. 4 to 11 have been allotted fair price shops. The petitioner further seeks a direction to the respondent authorities to consider and decide his application dated 13.03.2008, within a period ofone week in terms ofthe Chhattisgarh Public Distribution System (Control) Order 2004 (for short 'the Order, 2004'). 2. Shri Uttam Pandey, leamed counsel appearing for the petitioner submits that the petitioner is a registered society. The petitioner applied for allotment offair price shop on 27.08.2007 (Annexure P/2) in the prescribed fonn, however, without deciding his application, the respondent No. 4 to 11 have been allotted fair price shops without following the provisions contained in the Order 2004. ^^ 1^,.^^ r^.. ^ 3. On the other hand, Shri Sao, leamed Govemment Advocate appearing for the State/respondent No. 1 to 3 submits that no allotment order has been issued in respect of Ward No. 13, Ram Nagar, Azad Chowk, Supela, for which, the petitioner had made application. The petitioner can not be aggrieved by allotment to others who were applicants in case ofother wards. Thus, challenge to the order dated 31.05.2011 (Annexure P/4) is not maintainable. Further, the impugned order is an appellable order under clause 18(2) ofthe Order, 2004. Thus., this petition is not maintainable on the ground of availability ofaltemative statutory remedy, also. 4. On pemsal ofthe impugned order dated 31.05.2011, it appears that the allotment of other wards has been made to the respondent No. 4 to 11, not for the locality, for which, the petitioner had applied. In fact, there is no order in regard to allotment of fair price shop of ward No. 13, Ram Nagar, Azad Chowk, Supela. Thus, at this stage, no cause of action arises for it to challenge the allotment of other respondents. Further, clause 18(2) ofthe Order, 2004 provides that any person aggrieved by an order of the designated officer for the allotment of Fair Price Shop or cancellation of Fair Price Shop may appeal to the Collector within 90 days ofthe receipt ofthe order. Any person aggrieved by an order of the Collector may appeal to the State Govemment within 30 days of the date of receipt ofthe order and its decision shall be fmal. 5. Thus, the petitioner, without availing the altemative efficacious and statutory remedy, has rushed to this Court seeking quashing of the allotment order which is not in respect of Ward No. 13, for 58 which the petitioner has made an application. The petition is meritless and fallacious. 6. In view ofthe above, the writ petition is dismissed. 7. No orderastocosts. Amit Sd/- SatishK. Agnihotri Judge J