Vagji Patel vs State Of Rajasthan
2022 Latest Caselaw 6457 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6055/2022

Vagji Patel S/o Shri Nathu, Aged About 57 Years, Byecaste Patel, R/o Hadhi, Tehsil Dabra, District Dungarpur (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Food And Civil Supply And Consumer Affairs, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. District Supply Officer, Dungarpur (Raj.).

                                                                  ----Respondents


For Petitioner(s)           :     Mr. Gyan Jyoti
For Respondent(s)           :     Mr. Karan Singh Rajpurohit, AAG



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                            Judgment / Order

04/05/2022

Learned counsel for the petitioner has submitted that the

license possessed by the petitioner for a fair price shop has been

suspended by the District Supply Officer, Dungarpur vide order

dated 13.01.2022. It is submitted that as per Clause 8(2) of the

Rajasthan Foodgrains and Other Essential Articles (Regulation &

Distribution) Order, 1976, the license of a fair price shop dealer

can be suspended for a maximum period of 90 days. It is argued

that despite the expiry of 90 days, the respondent authorities are

not restoring the supply of essential commodities/ ration materials

to the petitioner's fair price shop.

Learned counsel for the petitioner has placed reliance on

decisions of this Court rendered in Khemraj Darji vs. State of

Rajasthan & Ors., SBCWP No.16264/2017 decided on

(2 of 2) [CW-6055/2022]

10.05.2018 and in Ganpat Lal vs. State of Rajasthan & Anr.,

SBCWP No.4359/2020 decided on 02.06.2020.

In view of the above, the suspension of the petitioner's

licence for running fair price shop came to an automatic end after

expiry of 90 days from 13.01.2022 and, therefore, the

respondents 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 necessary

enquiry in accordance with law into the allegations of malpractices

attributed to the petitioner.

With the above observations and directions, the writ petition

is allowed.

Stay petition stands disposed of.

(VIJAY BISHNOI),J 52-mohit/-

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