Banshi Lal Khatik vs The State Of Rajasthan
2021 Latest Caselaw 12991 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10886/2021

Banshi Lal Khatik S/o Shri Lal Chand, Aged About 48 Years, By Caste Khatik, Resident Of Kareda Tehsil Mandal District Bhilwara.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Department Of Food And Civil Supply And Consumer Affairs, Government Of Rajasthan, Secretariat, Rajasthan, Jaipur.

2. The District Supply Officer, Bhilwara.

3. Enforcement Inspector, Mandal District Bhilwara.

                                                                ----Respondents


For Petitioner(s)         :     Mr. Pritam Joshi
For Respondent(s)         :     Mr. DJ Jain



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

19/08/2021

Mr. Dinesh Jain is directed to accept notice on behalf of

respondent-department.

This writ petition under Article 226 of the Constitution of

India is preferred by the petitioner being aggrieved with the

order dated 14.03.2019 issued by District Supply Officer,

Bikaner, whereby the licence issued to the petitioner for

running a fair price shop at Village Hadan, Tehsil Kolayat,

District Bikaner was suspended.

Learned counsel for the petitioner has submitted that the

licence of the petitioner for running a fair price shop was

suspended by the District Supply Officer, Bikaner while

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invoking powers conferred upon him by Clause 8(2) of the

Rajasthan Foodgrains and Other Essential Articles (Regulation

of Distribution) Order, 1976 and under the said powers, the

maximum period for which a licence can be suspended is

90 days, however, despite the expiry of 90 days, the

respondents authorities are not restoring the supply of

essential commodities/ration materials to the petitioner's fair

price shop.

It is argued that the action of the respondents of not

restoring the petitioner's licence is illegal. It is prayed that the

respondents authority may be directed to restore the licence of

the petitioner for running the fair price shop immediately.

Learned counsel for the petitioner has placed reliance on

decisions of this Court in Khemraj Darji vs. State of

Rajasthan & Ors., SBCWP No.16264/2017 decided on

10.05.2018 and in Ganpat Lal vs. State of Rajasthan & Anr.,

SBCWP No.4359/2020 decided on 02.06.2020.

In view of the above, the suspension of the petitioner's

licence for running fair price shop came an automatic end after

expiry of 90 days from 14.03.2019 and, therefore, the

respondents are directed to resume the supply of essential

commodities to the petitioner's fair price shop forthwith.

However, the competent authority shall be at liberty to conduct

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necessary enquiry in accordance with law into the allegations

of malpractices attributed to the petitioner.

With the above observations and directions, the writ

petition is allowed.

Stay petition also stands disposed of.

(VIJAY BISHNOI),J

15-pratibha/-

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