Back
2024 Supreme(Online)(CHH) 11281
HIGH COURT OF CHHATTISGARH
Sachin Singh Rajput, J
PRIMARY AGRICULTURAL CREDIT COOPERATIVE SOCIETY – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC/5445/2024
The issuance of a kurki notice without physical verification and opportunity for a hearing violates principles of natural justice.
Headnote:(A) Circular of State Government dated 27.04.2023 - Fair Price Shops - Kurki notice issued for shortfall amounting to Rs. 4,19,750.45/- without physical verification or opportunity of hearing - Petitioners directed to make representation to authorities for appropriate orders. (Paras 1-5)
(B) Procedural fairness - Requirement for physical verification and opportunity of hearing before issuance of kurki notice not adhered to, resulting in violation of principles of natural justice. (Paras 2-3)
Facts of the case:
Petitioners challenged the kurki notice for shortfall issued by the Department of Food & Civil Supplies, arguing lack of physical verification and opportunity to be heard regarding the notice.
Findings of Court:
Petitioners are permitted to make representations to the Tehsildar and SDO, who are directed to pass appropriate orders within 60 days.
Issues: Whether the issuance of the kurki notice violated principles of natural justice due to lack of physical verification and opportunity for a hearing.
Ratio Decidendi: The court emphasized the necessity of procedural fairness, indicating that the absence of verification and hearing rendered the kurki notice improper.
Result: Writ petition disposed of with directions.
Order on Board
Petitioners have preferred this writ petition against the kurki notice issued by the Respondent No.2 (Annexure P/1) whereby petitioner/society which is running a Fair Price Shop has been directed to deposit the amount of Rs. 4,19,750.45/- through kurki order (Annexure P-1) which is the amount of shortfall and was detected by the Department of Food & Civil Supplies.
2. Learned counsel for the petitioners would submit that no physical verification was conducted which is a requirement according to the circular of State Government dated 27.04.2023 and no opportunity of hearing was afforded to the petitioner. He would also submit that a reply was filed by the petitioner before the Sub-Divisional Officer (Revenue) and Tahsildar but till date, no decision has been taken.
3. On the other hand, learned counsel for the State would submit that according to circular dated 27.04.2023, self-help groups which are running Fair Price Shops are directed to submit detailed declaration forms on the website and deposit the requisite amount of food grains purchased by 5th of every month and there is a direction to verify and ensure strict compliance of the circular dated 27.04.2023. He would further submit that though the petitioner has filed the reply to the notice, no decision has indeed been taken.
4. I have heard learned counsel for the parties and perused the records.
5. It is apparent that the kurki notice was issued by the Respondent No.2 on 23.08.2023 whereby the petitioner group was directed to deposit the amount of Rs.4,19,750.45/-. It also appears that in response to the notice issued by the Tehsildar, Bilaigarh, the petitioners have made a representation/reply before the SDO, Bilaigarh and Tahsildar Bilaigarh. Though the petitioners have to make a representation/reply to notice before the Tehsildar itself, at this stage, without commenting anything on the merits of the present case, the instant petition is disposed of with a liberty to the petitioners to make a representation before the Tehsildar, Bilaigarh as well as before the SDO (Revenue), Bilaigarh and in turn, the authorities are directed to consider and pass appropriate order on such representation preferably within a period of 60 days from the date of receipt of a copy of this order.
6. Till then, no coercive action shall be taken against the petitioners pursuant to Annexure P/1.
7. With the aforesaid observation(s) and direction(s), the present writ petition is disposed off.
