Saleem Khan S/O Shri Gafoor Khan vs State Of Rajasthan
2022 Latest Caselaw 4071 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 6731/2019
Saleem Khan S/o Shri Gafoor Khan, Aged About 49 Years, R/o
Gram Panchayat Baada Bujurg, Tehsil Mehwa, Distt. Dausa (Raj.)
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Principal Secretary And Food
       Commissioner, Food Civil Supply And Consumer Affairs
       Department, Rajasthan, Jaipur.
2.     District Supply Officer, Dausa (Rajasthan)
                                                                ----Respondents

S.B. Civil Writ Petition No. 10770/2019 Chhitar Lal Gurjar S/o Shri Chandaram Gurjar, Aged About 45 Years, Resident Of Purani Tehsil, Malpura, Distt. Tonk, Retailer Of Fair Price Shop, Ward No. 5, Malpura, Distt. Tonk (License No.

670)

----Petitioner Versus

1. State Of Rajasthan Through Principal Secretary, Food And Civil Supply Department, Government Secretariat, Jaipur.

2. District Collector (Supply), Tonk.

3. District Supply Officer, Tonk.

----Respondents S.B. Civil Writ Petition No. 11822/2019 Shambhudayal Gupta S/o Shri Radhavallabh Mahajan, Aged About 58 Years, R/o Gram Panchayat Kunkata Kalan, Tehsil Gangapur City, District Sawai Madhopur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Chief Secretary And Food Commissioner, Food Civil Supplies And Consumer Matters Department, Rajasthan, Jaipur

2. District Supply Officer, Sawaimadhopur (Rajasthan)

----Respondents

For Petitioner(s) : Mr. Shashi Bhushan Gupta with Ms. Sudha Gupta Mr. Laxmi Kant Malpura For Respondent(s) : Mr. Rajesh Maharshi, AAG with Mr. Samee Khan Mr. Bharat Singh Gurjar, Dy.G.C.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

(2 of 2) [CW-6731/2019]

Order

24/05/2022 Since, this batch of writ petitions shares common facts and

common question of law, it is being decided by this common order.

In all these writ petitions, the order of suspension of Fair

Price Shop licence of the petitioners is under challenge on various

counts.

Indisputably, the petitioners have an efficacious alternative

remedy of statutory appeal under Clause 22 of the Rajasthan

Foodgrains and Other Essential Articles (Regulation of Distribution)

Order, 1976. A co-ordinate Bench of this Court has, vide its order

dated 20.05.2020 passed in SBCWP No.5500/2020: Shivram

Meena Vs. State of Rajasthan & Anr. and other connected

matters, held that the writ petition assailing the suspension order

is not maintainable in view of availability of remedy of appeal. The

aforesaid judgment was affirmed by a Division Bench of this Court

vide its order dated 27.05.2020 passed in D.B. Special Appeal

Writ No.367/2020: Vijendra Kumar Meena vs. State of

Rajasthan & Anr. and another matter.

In view thereof, all these writ petitions are dismissed for

availability of an alternative efficacious remedy of statutory appeal

to the petitioners against the impugned order.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/18, 27 & 30

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