Mahipal Jain vs State Of Rajasthan
2022 Latest Caselaw 816 Raj

(1 of 2) [CW-275/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 275/2022

Mahipal Jain S/o Shiv Lal Jain, Aged About 51 Years, R/o Ward No. 2, Fair Price Shop No. 2, Salumber, District Udaipur.

----Petitioner Versus

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

2. District Supply Officer Ii, Udaipur.

3. District Collector, Udaipur.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Deelip Kawadia
through V.C.                   Mr. Deepak Chandak
For Respondent(s)        :     Mr. Dinesh Jain
through V.C.



                    JUSTICE DINESH MEHTA

                                    Order

17/01/2022

1. The petitioner's license to run fair price shop was suspended

vide order dated 09.04.2021. Mr. Deelip Kawadia, learned counsel

for the petitioner submits that the period of more than 90 days

has since lapsed and the validity of the suspension has therefore

expired.

2. In support of his contention, learned counsel relies upon a

judgment dated 10.05.2018 passed by a Co-ordinate bench of this

Court in the case of Khemraj Darji Vs. State of Rajasthan and Ors.

In case of Khemraj Darji (supra), this Court has held:

"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

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consequence thereof, the adamancy of the authoritites 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.

With these observations and directions, the writ petition is allowed. Stay application is disposed of."

3. Mr. Deepak Chandak, for Mr. Dinesh Jain, is not in a position

to dispute the aforesaid portion of facts and law.

4. The writ petition is, therefore, allowed. It is declared that the

suspension of the petitioner's fair price shop which was effected

pursuant to order dated 09.04.2021, has been rendered

inoperative by efflux of time.

5. The respondents are directed to permit the petitioner to run

his fair price shop in accordance with law.

6. Observation made in Khemraj Darji (supra) shall be mutatis

mutandis applicable in the present case as well.

7. Stay application also stands disposed of accordingly.

(DINESH MEHTA),J 48-jayesh/-

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