Yunus Mohammed vs State Of Rajasthan
2022 Latest Caselaw 4013 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3290/2022

Yunus Mohammed S/o Peer Mohammed, Aged About 40 Years, By Caste Lilgar (Musalman), R/o Village Bhanisariya Tejsinghotan, Tehsil Sujangarh, District Churu, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Food And Supplies Department, Government Of Rajasthan, Jaipur, Rajasthan.

2. The District Supply Officer, Nagaur, Rajasthan.

3. Smt. Pinky Kanwar W/o Daulat Singh, Village Bhanisariya Tejsinghotan, Tehsil Sujangarh, District Churu, Rajasthan.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Manish Patel
For Respondent(s)         :



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

14/03/2022

This writ petition has been filed by the petitioner challenging

the order dated 19.01.2022 passed by the District Supply Officer,

Churu, whereby the application filed by the petitioner for allotment

of fair price shop on compassionate ground has been rejected. In

the impugned order, it is also mentioned that the fair price shop in

question is allotted to the respondent No.3.

This Court is the opinion that against the impugned order,

the petitioner is having an alternate remedy for filing statuary

appeal under Clause 22 of the Rajasthan Foodgrains and Other

Essential Articles (Regulation of Distribution) Order, 1976 (for

short the Order of 1976'). The said appeal can be preferred within

(2 of 2) [CW-3290/2022]

a period of 30 days as per Sub-clause (2) of Clause 22 of the

Order of 1976.

Though, the limitation for filing appeal is 30 days, however,

in the facts and circumstances of the case, I deem it appropriate

to direct the Appellate Authority concerned to consider and decide

the appeal to be filed by the petitioner against the impugned order

on merits.

If any such appeal is filed by the petitioner within a period of

two weeks from today, the Appellate Authority concerned shall

consider and decide the same on merits after providing

opportunity of hearing to all the parties concerned expeditiously,

preferably within a period of one month from the date of filing of

the appeal.

The Appellate Authority concerned shall consider the orders

passed by the Food and Supply Department dated 27.07.20219 as

well as 29.11.2019 while deciding the said appeal.

With these observations, this writ petition is disposed of.

(VIJAY BISHNOI),J 19-mohit/-

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