Rajasthan High Court - Jodhpur
Shyam Sunder Somani vs State Of Rajasthan on 24 November, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17812/2022
Shyam Sunder Somani S/o Shri Pyar Chand Somani, Aged About
60 Years, Byecaste Somani, R/o Old Housing Board Colony,
Nimbaheda, District Chittorgarh (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Local Self Bodies, Secretariat, Jaipur, Rajasthan.
2. The District Collector, Chittorgarh (Rajasthan).
3. The Commissioner, Municipal Council, Chittorgarh
(Rajasthan).
----Respondents
For Petitioner(s) : Mr. MS Godara
Mr. Jayant Mahecha for Mr. Sudhir
Saruparia
For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
24/11/2022
This writ petition has been filed by the petitioner being
aggrieved with the show cause notice/letter dated 10.11.2022
(Annexure-8) issued by the Municipal Council, Chittorgarh
whereby, the petitioner has been asked to furnish an explanation
as to why the contract executed between him and the respondents
for operating Indira Rasois be not cancelled.
It appears that the petitioner was awarded contract to
operate Indira Rasois at various places in districts viz. Pratapgarh
and Chittorgarh. It was found that in the Indira Rasoi operated by
the petitioner at Municipal Board, Chhoti Sadri, District
(2 of 3) [CW-17812/2022]
Pratapgarh, forged coupons were prepared by his firm and upon
proving the said charge, his firm was blacklisted.
Learned counsel for the petitioner has argued that though, a
complaint is there regarding preparation of forged coupons in
relation to the Indira Rasoi operated by the petitioner in Municipal
Board, Chhoti Sadri, which falls in District Pratapgarh but no such
complaint is there in respect of the Indira Rasois operated by him
in Municipal Board Nimbaheda, Badi Sadri, Begu, Rawat Bhatta
and Kapasan, which falls in District Chittorgarh, however, despite
that the Municipal Council, Chittorgarh has illegally issued the
show cause notice/letter dated 10.11.2022 (Annexure-8).
Heard learned counsel for the petitioner and perused the
material available on record.
The State Government has launched the scheme of Indira
Rasoi with the intention to provide meal at cheaper rate to the
poor population. The Indira Rasois are being run by State through
firms, to whom contracts are being granted.
As per the scheme, the poor persons will get the meal in
those Indira Rasois at subsidiary rates and the State Government
will reimburse the subsidy to the firms, which are running those
Indira Rasois.
The petitioner was awarded contract to run Indira Rasois in
various districts and it is found that in one of the Indira Rasoi
operated by him, forged coupons were issued with the intention to
misappropriate the subsidy as well as the cost of the meal.
If a firm awarded contract to run Indira Rasois at various
places and if at one place, it is found that it is indulged in some
irregularity, such as issuance of forged coupons etc., I am of the
(3 of 3) [CW-17812/2022]
view that the respondent-Municipal Council, Chittorgarh has not
committed any illegality in issuance of show cause notice/letter
10.11.2022 (Annexure-8) to the petitioner to show cause as to
why the agreements executed between it and the State
Government in respect of all other Indira Rasois be cancelled.
In such circumstances, I do not find any merit in this writ
petition and the same is hereby dismissed.
Stay petition also dismissed.
(VIJAY BISHNOI),J
Surabhii/84-
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