Vikas Kumar Dhaker vs State Of Rajasthan
2021 Latest Caselaw 9935 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7652/2021

Vikas Kumar Dhaker S/o Sh. Ruplal Dhaker, Aged About 27 Years, Dhakdo Ka Mohalla Gram Panchayat- Anoppura, Tehsil Begu, Dist. Chittorgarh, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Dept. Of Food And Civil Supplies, Jaipur, Rajasthan.

2. The District Collector (Supply), Chittorgarh, Rajasthan.

3. District Supply Officer, Chittorgarh, Rajasthan.

4. Enforcement Officer (Supply), Begu, Dist. Chittorgarh (Raj.).

----Respondents

For Petitioner(s) : Mr. Ajay Goswami (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/07/2021

Heard.

Learned counsel for the petitioner has submitted that

the petitioner is a fair price shop dealer and was running

the same under the licence issued by a competent

authority. It is submitted that the licence of the petitioner

was suspended by the respondent-authority vide order

dated 4th September, 2020. It is argued that as per the

provisions of the Rajasthan Food Grains and Other

Essential Articles (Regulation of Distribution) Order, 1976,

it is clear that a suspension order is bound to come to an

end automatically after expiry of 90 days. Learned

(2 of 2) [CW-7652/2021]

counsel for the petitioner has further submitted that

despite the expiry of 90 days, the respondents have not

revoked the suspension order and are also not resuming

the supply of essential commodities to the petitioner's

fair price shop.

Learned counsel for the petitioner has placed

reliance on a decision of this Court rendered in SBCWP

No.16264/2017 - Khemraj Darji Vs. State of

Rajasthan & Ors.

Having gone through the material available on

record; keeping in view of the fact that the licence of the

petitioner for running fair price shop was suspended on

4th September, 2020 and 90 days have already been

expired and in view of the decision of this Court in Khemraj Darji's case (supra), this writ petition is

disposed of and 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 expeditious inquiry

into the allegations of malpractices attributed to the

petitioner and pass appropriate order after conclusion

thereof as per law.

Stay petition also stands disposed of.

(VIJAY BISHNOI),J

63-msrathore/-

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