Citation : 2022 Latest Caselaw 2035 Raj/2
Judgement Date : 7 March, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1379/2022
Anil Kumar Yadav S/o Shri Raghuveer Singh
----Petitioner
Versus
State Of Rajasthan and Ors.
----Respondents
Connected With S.B. Civil Writ Petition No. 2438/2022 Girriraj Prasad S/o Shri Chhote Lal
----Petitioner Versus State Of Rajasthan and Anr.
----Respondents
For Petitioner(s) : Mr. Shashi Bhushan Gupta with
Mr. Sudha Gupta
For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
07/03/2022 In SB Civil Writ Petition No.1379/2022:-
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 Dahmi,
Tehsil Behror, District Alwar adversely affects his rights, an allottee
of the fair price shop for the same Gram Panchayat having 850
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
(2 of 2) [CW-1379/2022]
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
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 Dahmi, Tehsil Behror, District Alwar; shall
remain subject to decision of the writ petition.
(MAHENDAR KUMAR GOYAL),J
MADAN/54-55
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