Kailash Chand S/O Shri Bhagwana ... vs State Of Rajasthan
2022 Latest Caselaw 2580 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 4290/2022

Kailash Chand S/o Shri Bhagwana Ram
                                                                     ----Petitioner
                                     Versus
State Of Rajasthan & Ors.
                                                                  ----Respondents

For Petitioner(s) : Mr. Keshav Kumar Agrawal For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

28/03/2022 Learned counsel for the petitioner submits that the circular

dated 04.04.2018 whereby applications have been invited for

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

Tehsil Neem Ka Thana, District Sikar 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 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,

(2 of 2) [CW-4290/2022]

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 Kurbada, Tehsil Neem Ka Thana, District Sikar;

shall remain subject to decision of the writ petition.

List the matter alongwith SBCWP No.1961/2022.

(MAHENDAR KUMAR GOYAL),J

Sudha/77

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