> §“‘§§$H CSURT CF CHEATT§$G RH AT EELASQJR Wi’it Petiticn (C) No, 4739 Of 2im8 E‘TmGNER : Santo'shi Bindumati MahHa Swasahayta Samooh Kirari ihrough Secretary, Rathbai, W10 Kanhaiya£ai, aged about 42 years, Caste 03C (Chanara) R/o V‘mage Kirari, Poiice sm‘tion Maikharouda‘ Janpad Panchayat Maikharouda, District Janjgir Champa (CG). VER$G$ ESPON§E¥W$ : 1. State of C.G‘ through Secretaw Panchayat & Social ,Jt Weit’are, DKS Bhawan, Raipur (CG). 2. Sub Divisional Ct‘t‘icer ®, Sakti, Sistrict Janjgir Champa {CG} 3. Food Officer, Sakti, District Janjgir Champa (CG). (WRIT PETmON UNDER ARTICLE 226/227 $F THE CCNSTiTUTiON OF iNDiA) {55%; Hon‘bte Mr. 5atis§1 Kt Aqnihotri, J.) Hessnt :I $mt. Hamida Siddique, Advocate for the petitioner. Shri AS. Kaohhwaha, Deputy Advocate Genera! for the $tate. §§RAL Qf.§§ER reassed on this 26‘“ day of November,'20os) With the consent of the parties, the matter is taken up for hearing tinaiiy. . The petitioner, by this petition, seeks quashing of the order dated 16352008 (Annexure PM)! passed by the Sub Divisional Officer, Sakti, by which, the Fair Price Shop, run by the petitioner society has been suspended. 2. Learned counsel appearing tor the petitioner submits that the impugned order dated >‘l6.05.2008 {Annexure Pit) was passed without affording an opportunity of hearing to the petitioner, as is evident from the proceedings dated 23.G6.2008‘(Annexure PH), wheretn it i3 cieariy stated that repiy to the show cause notice have been reoetved and the matter is under \ ’ consideration. P R " éi9 3. if the matter was under consmeraiion after repty on 23.0$.2008, there was no eccasion to pass the impugned order dated 16.05.2008‘ lt is cleariy estabiis‘nes that the impugned order visiting with civil consequence, and punitive was passed without an affording opportunity of hearing to the petitioner. Vioiation oi principies of naturai justice and fair piay in action tantamounts to violation of Article 14 of the Constitution of india. The petition is accordingiy aiiowed. The impugned order dated 16.05.2008 (Annexure Pit) is quashed. However, iiberty is reserved to the State/respondents to take appropriate action, it so advised, after affording proper opportunity of hearing to the petitioner. No order asto costs. . Consequently, LA. No. 01. appiication for grant of interim reiief stands disposed of. 1 ~ Satish K.Agnih0tri Judge Sd/— f ,,. .