Rajasthan High Court - Jodhpur
Bajrang Lal vs The State Of Rajasthan on 6 January, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9977/2020
Bali Devi W/o Shri Laxminarayan, Aged About 75 Years,
Chairman, Paralbas Mahila Dugdh Utpadak Sahkari Samiti
Jasrasar, Tehsil Nokha District Bikaner.
----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, Bikaner
----Respondents
Connected With
S.B. Civil Writ Petition No. 9989/2020
Jasrasar Gram Seva Samiti, Jasrasar Through Its Manager Mangi
Ram S/o Shri Kesa Ram, Resident Of Village Jasrasar, Tehsil
Nokha District Bikaner.
----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, Bikaner
----Respondents
(2 of 4) [CW-9977/2020]
S.B. Civil Writ Petition No. 10037/2020
Bajrang Lal S/o Kumbha Ram, Aged About 44 Years, Jasrasar
Tehsil Nokha District Bikaner.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Food And Civil Supply And Consumer
Affairs, Government Of Rajasthan, Secretariat, Rajasthan,
Jaipur.
2. The District Supply Officer, Bikaner
----Respondents
S.B. Civil Writ Petition No. 10107/2020
Navla Ram S/o Shri Moda Ram, Aged About 32 Years, Resident
Of Jasrasar Tehsil Nokha District Bikaner.
----Petitioner
Versus
1. 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, Bikaner
----Respondents
For Petitioner(s) : Mr. R.S. Choudhary (through VC)
For Respondent(s) : Mr. Dinesh Jain (through VC)
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
06/01/2021
Learned counsel for the parties have agreed that the
controversy involved in these writ petitions is squarely
(3 of 4) [CW-9977/2020]
covered by the decision of a Co-ordinate Bench of this
Court dated 10.5.2018 passed in S.B. Civil Writ
Petition No.16264/2017 - Khemraj Darji Vs. State
of Rajasthan & Ors., the operative portion whereof
reads as under :-
"In view of this legal position, the
suspension of the petitioner's licence of fair
price shop came an automatic end on
24.10.2017. As a direct consequence thereof,
the adamancy of the authorities in refusing to
supply the essential commodities/ ration
materials to the petitioner's shop is absolutely
unjustifiable. It is manifest that once the
suspension order had come to an end
automatically upon expiry of 90 days, there
cannot be any justification for the
respondents in refusing to resume the supply
of essential commodities/ ration materials to
the petitioner's fair price shop. Thus, the
officers of the Civil Supply Department 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 expeditious
inquiry into the allegations of malpractices
attributed to the petitioner and pass
appropriate order after conclusion thereof as
per law."
In view of the above, these writ petitions are
disposed of in terms of the decision dated 10.5.2018
passed in S.B. Civil Writ Petition No.16264/2017 -
Khemraj Darji Vs. State of Rajasthan & Ors. The
respondents are directed to resume the supply of
essential commodities to the petitioners' fair price shops
forthwith. However, the competent authority shall be at
liberty to conduct expeditious inquiry into the allegations
(4 of 4) [CW-9977/2020]
of malpractices attributed to the petitioners and pass
appropriate order after conclusion thereof as per law.
Stay petitions also stand disposed of.
(VIJAY BISHNOI),J
ms rathore
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