Ramesh Chand Sharma S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 1866 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 2843/2022
          S.B. Civil Misc. Stay Application No.2912/2022

Ramesh Chand Sharma S/o Shri Shivdayal Sharma
                                                                   ----Petitioner
                                   Versus
State Of Rajasthan & Ors.
                                                                ----Respondents

For Petitioner(s) : Mr. Shashi Bhushan Gupta with Ms. Sudha Gupta For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

28/02/2022

Learned counsel for the petitioner submits that the circular

dated 07.09.2021 whereby applications have been invited for

allotment of fair price shop inter alia for Gram Panchayat Pehal,

Tehsil Mundawar, District Alwar adversely affects his rights, an

allottee of the fair price shop for the same Gram Panchayat having

895 Ration Cards only. He submits that the circular aforesaid is

violative of a co-ordinate Bench judgment of this Court dated

06.02.2017 passed in S.B. Civil Writ Petition No.9137/2016;

Neeraj Sharma & Anr. Vs. State of Rajasthan & Anr. and

other connected matters whereby a direction was issued to take

into consideration the recommendation of Justice D.P. Wadhwa in

Para 19 of his report, while inviting fresh applications for allotment

of fair price shop. He submits that in S.B. Civil Writ Petition

No.1208/2022: Pinki Vs. State of Rajasthan including

identical controversy, a co-ordinate Bench of this Court has, vide

(2 of 2) [CW-2843/2022]

its order dated 14.02.2022, while issuing notice passed interim

order and prays for similar relief.

In case of Pinki (supra), it was directed that:

"Meanwhile, allotment(s) of fair price shop in Gram Panchayat Jindoli, Tehsil Mundawar, District Alwar shall remain subject to final outcome and/or any further order to passed in the present writ petition."

Issue notice. Notices be filed in two sets. One set of notices

be sent through registered post with acknowledgment due. Rule is

made returnable by five weeks. Steps to be taken within a week.

Heard learned counsel for the petitioner on interim relief.

Taking into consideration the contentions advanced by

learned counsel for the petitioner, the material on record and the

order dated 14.02.2022 passed in case of Pinki (supra), this Court

deems it just and proper to direct that allotment of fair price shop

in Gram Panchayat Pehal, Tehsil Mundawar, District Alwar; shall

remain subject to decision of the writ petition.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/73

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