NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2586 of 2023  Maa Shakambhari Swa Prathmikata Up Bhandar Fari Through President Neelkanth Patil, S/o Kumar Patil, Aged About 36 Years, R/o Village Fari, Tahsil Bemetara, District-

Bemetara, Chhattisgarh.

---- Petitioner Versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply Corporation, Secretariat, Mahanadi Bhawan, Capital Complex, Nava Raipur Atal Nagar, Raipur, Chhattisgarh.

2 - Collector District- Bemetara, Chhattisgarh.

3 - Food Officer District- Bemetara, Chhattisgarh.

4 - Sub-Divisional Officer (Revenue) Bemetara, Chhattisgarh.

5 - Tahsildar Bemetara, Chhattisgarh.

---- Respondents (Cause Title is taken from Case Information System)

For Petitioner : Ms. Zainab Vanak, Advocate. For State : Mr. Praveen Das, Dy. A.G.

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

10 .04.2024

1. Petitioner has preferred this writ petition against the demand notice issued by the Tehsildar, Bemetara, Dist.- Bemetara (C.G.) (Annexure P/1) whereby petitioner society which is running a Fair Price Shop has been directed to deposit the amount of Rs. 6,18,655/- which is the amount of shortfall and was detected by the Department of Food & Civil Supplies.

2. Learned counsel for the petitioner 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. She would also submit that a reply was filed by the petitioner before the Sub-Divisional Officer (Revenue), but till date, no decision has been taken.

3. On the other hand, learned counsel for the State would submit that according to the 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. Heard.

5. It is apparent that the notice was issued by the Tehsildar, Bemetara on 26.05.2023 whereby the petitioner group was directed to deposit the amount of Rs. 6,18,655/-. It also appears that in response to the notice issued by the Tehsildar, Bemetara, the petitioner has made a representation/reply before the SDO, Bemetara. Though the petitioner has 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 petitioner to make a representation before the Tehsildar, Bemetara as well as before the SDO (Revenue), Bemetara 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 petitioner pursuant to Annexure P/1.

7. With the aforesaid observation(s) and direction(s), the present writ petition is disposed of.

Sd/-

(Rakesh Mohan Pandey)

Judge $iddhant