DHAGAT,J. - (1.)Petitioners have called in question order dated 06.04.2021 and consequential FIR dated 18.04.2021. By order dated 06.04.2021, Collector Chhatarpur has ordered District Supply Officer to lodge FIR against petitioners.
(2.)Counsel for the petitioner raised a ground that as per Food Control Order, Clause 2(c), Collector is appellate authority. Sub Divisional Officer is shop allotment authority and therefore, Sub Divisional Officer has to take action under Sections 16 and 17 of the Food Control Order. Collector is only the appellate authority therefore, Collector has exceeded its jurisdiction and power in passing impugned order. Such power ought to have been exercised by shop allotment authority.
(3.)Counsel appearing for the petitioners challenged the impugned order on the ground that there is non-compliance of Clause 16(2) and Clause 13 of Madhya Pradesh Public Distribution System (Control) Order, 2015 (hereinafter referred as the 'Food Control Order, 2015'). Due to noncompliance of said clauses, action cannot be taken against the petitioners under 16(8) of Food Control Order, 2015.