Rajasthan High Court - Jodhpur
Sohan Lal Joshi vs State Of Rajasthan on 12 April, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4325/2022
Sohan Lal Joshi S/o Ganesh Lal Joshi, Aged about 58 Years,
Matrikundiya, Dindoli, Chittorgarh.
----Petitioner
Versus
1. State of Rajasthan, Through the Secretary Department of
Food and Civil Supplies and Consumer Affairs,
Government of Rajasthan, Secretariat, Jaipur.
2. District Collector, Chittorgarh
3. District Supply Officer, Chittorgarh
----Respondents
For Petitioner(s) : Mr. Rajesh Choudhary
For Respondent(s) : Mr. Dinesh Jain
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
12/04/2022
The petitioner in this writ petition has questioned the action
of the respondent - District Supply Officer, Chittorgarh for inviting
applications from the interested person vide advertisement dated
29.11.2021 for granting Fair Price Shop license for the location
Gram Panchayat Dindoli, Tehsil Rashmi, District Chittorgarh.
It is the case of the petitioner that as as per the Government
instruction/policy, no new license for Fair Price Shop can be given
where the number of ration cards is less than 500.
Learned counsel for the petitioner has submitted that this
Court in various orders passed from time to time has restrained
the respondent - Department from opening a new Fair Price Shop,
where the number of ration cards is less than 500.
(2 of 3) [CW-4325/2022]
Learned counsel for the petitioner has placed reliance on the
final orders passed by this Court in SB Civil Writ Petition
Nos.3064/2022, 18062/2021, 4384/2012 and 11913/2012 in
cases of one Govind Lal Meghwal Vs. State of Rajasthan &
Another, Ganesh Ram & Others Vs. State of Rajasthan & Others,
Babushyam & Ramphool Gurjar Vs. State of Rajasthan & Others
and Siyaram Meena Vs. State of Rajasthan and Others
respectively.
It is also submitted that the final orders passed by this Court
from time to time has not been challenged by the
respondent - State by way of filing an appeal.
Learned counsel for the petitioner has submitted that the
petitioner is a license holder of fair price shop for Gram Panchayat
Dindoli, Tehsil Rashmi, District Chittorgarh where less than 500
ration cards are attached, however, despite this, the District
Supply Officer, Chittorgarh has invited applications from the
interested persons for granting another license of Fair Price Shop
for Gram Panchayat Dindoli, Tehsil Rashmi, District Chittorgarh
also.
Issue notice. Issue notice of stay application also.
Learned counsel Mr. Dinesh Jain is directed to accept notice
on behalf of all the respondents.
Mr. Jain may file reply to the writ petition explaining as to
how the respondents are inviting applications for granting license
of Fair Price Shop at the locations where the number of ration
cards is less then 500, despite specific instructions issued by the
State Government and the various orders/judgments passed by
this Court, (referred in the earlier part of this order).
(3 of 3) [CW-4325/2022]
In the meanwhile, no order for allotment of license for Fair
Price Shop in respect of location Gram Panchayat Dindoli, Tehsil
Rashmi, District Chittorgarh be issued in favour of any applicants
who has applied in pursuance of the advertisement dated
29.11.2021.
List on 23.05.2022.
(VIJAY BISHNOI),J
43-pratibha/-
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