Rajasthan High Court
Yogendra S/O Shri Bhanawr Singh vs State Of Rajasthan on 23 September, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13480/2022
Yogendra S/o Shri Bhanawr Singh, Aged About 60 Years, R/o
Village Gahalau, Tehsil Uchhain, District Bharatpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary, Food And
Supply Department, Government Of Rajasthan, Government
Secretariat, Jaipur.
2. District Supply Officer, Bharatpur
----Respondent
S.B. Civil Writ Petition No. 14090/2022
Rambabu S/o Shri Amar Singh, Aged About 60 Years, R/o
Gazipur, Gram Panchayat Nayabas, Tehsil Nadbai, District
Bharatpur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Chief Secretary And
Food Commissioner, Food Civil Supply And Consumer
Matters Department, Rajasthan, Jaipur.
2. District Collector, Bharatpur (Raj.)
3. District Supply Officer, Bharatpur (Raj.)
----Respondents
S.B. Civil Writ Petition No. 14071/2022
Tarachand S/o Shri Tikam Singh, Aged About 55 Years, R/o
Village Baharawali, Tehsil Roopwas, District Bharatpur, Rajasthan,
Presently Fair Price Shop, Gram Panchayat Bhainsa, Tehsil
Roopwas, District Bharatpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principle Secretary, Food
And Supply Department, Government Of Rajasthan,
Government Secretariat, Jaipur.
2. District Supply Officer, Bharatpur.
(2 of 5) [CW-13480/2022]
----Respondents
S.B. Civil Writ Petition No. 14089/2022
Ramakant S/o Shri Shrichand, Aged About 40 Years, R/o Gram
Panchayat Dehra, Tehsil Nadbai, District Bharatpur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Chief Secretary And
Food Commissioner, Food Civil Supply And Consumer
Matters Department, Rajasthan, Jaipur.
2. District Collector, Bharatpur (Raj.)
3. District Supply Officer, Bharatpur (Raj.)
----Respondents
S.B. Civil Writ Petition No. 14092/2022
Chandar Singh D/o Shri Durgi Singh, Aged About 48 Years, R/o
Gram Panchayat Khatoti, Tehsil Nadbai, District Bharatpur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Chief Secretary And
Food Commissioner, Food Civil Supply And Consumer
Matters Department, Rajasthan, Jaipur.
2. District Collector, Bharatpur (Raj.)
3. District Supply Officer, Bharatpur (Raj.)
----Respondents
S.B. Civil Writ Petition No. 14093/2022
Gopal Ram S/o Shri Amar Chand, Aged About 45 Years, R/o Gram
Panchayat Barolichhar, Tehsil Nadbai District Bharatpur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Chief Secretary And
Food Commissioner, Food Civil Supply And Consumer
Matters Department, Rajasthan, Jaipur.
2. District Collector, Bharatpur (Raj.)
3. District Supply Officer, Bharatpur (Raj.)
(3 of 5) [CW-13480/2022]
----Respondents
For Petitioner(s) : Mr. Munesh Bhardwaj
Mr. Shashi Bhushan Gupta with
Ms. Sudha Gupta
For Respondent(s) : Mr. Bharat Singh Gurjar, Dy.G.C. with
Ms. Garima Yadav
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
23/09/2022
Issue notice in S.B. Civil Writ Petitions No.14090/2022,
14071/2022, 14089/2022, 14092/2022 & 14093/2022.
Notices are accepted by Mr. Bharat Singh Gurjar, learned
Deputy Government Counsel on behalf of the respondents.
These writ petitions have been filed challenging the
advertisement dated 29.08.2022 issued by the District Supply
Officer, Bharatpur inviting applications for issuance of new
authorization letters for the fair price shops for various places in the
District Bharatpur including the Village Gahalau, Gram Panchayat
Gahalau, Tehsil Uchhain with FPS Code No.12136, Gram Panchayat
Nayabas, Tehsil Nadbai with FPS Code No.13947, Village Baharawali,
Gram Panchayat Bhainsa, Tehsil Roopwas with FPS Code No.12139,
Gram Panchayat Dehra, Tehsil Nadbai with FPS Code No.15867,
Gram Panchayat Khatoti, Tehsil Nadbai with FPS Code No.12297 &
Gram Panchayat Barolichhar, Tehsil Nadbai with FPS Code No.15851
respectively.
Learned counsels for the petitioners submits that their
revision/appeal against the order cancelling the authorization letter
issued in their favour is pending consideration before the
appellate/revisional authorities. They, relying upon a Division Bench
(4 of 5) [CW-13480/2022]
judgment of this Court dated 08.01.2018 passed in DB Special
Appeal Writ No.1792/2017: Mukesh Kumar Meena versus the
State of Rajasthan & Ors., submitted that during pendency of the
appeal/revision, no new authorization letter for the subject fair price
shop can be issued. They, therefore, pray that the writ petitions be
allowed in terms of directions issued by the Division Bench in case of
Mukesh Kumar Meena (supra).
Learned counsel for the respondents did not dispute the
aforesaid legal position.
In case of Mukesh Kumar Meena (supra) following direction
was issued:-
"2. This appeal is covered by the decision of this court
dated 27.11.2017, passed in D.B. Special Appeal Writ
No.1500/2017, reads as under:
1. Counsel for the respondent has pointed out
clause (iii) of order dt. 7.4.2010 (Annexure-5) which
reads as under:
Þ3-ftu nqdkuksa ds izdj.k ekuuh; jktLFkku mPPk U;k;ky;@v/khuLFk
U;k;ky;@fjohtu U;k;ky; esa fopkjk/khu py jgs gSa] mu nqdkuksa dks
U;k;ky;ksa ds fu.kZ; ls iwoZ fjDr ekuk tkdj mu ij ubZ fu;qfDr dh
dk;Zokgh ugha dh tkos] rkfd U;k;ky; dh voekuuk ls cpk tk lds vkSj
dksbZ fof/kd vM+pu mRiUu ugha gksAÞ
2. In view of the Government directions, the
District Supply Officer is bound to follow the directions
issued by the learned Single Judge which reads as
under:-
"In view of the facts given above, I do not find any
ground to cause interference in the impugned
order/s but pendency of the appeal/revision for
indefinite period cannot be appreciated thus these
writ petitions are disposed of with the directions to
the appellate/revisional authority to decide it
expeditiously and not later than one month from
the date of receipt of copy of this order. If any of
the appeals/revision petitions would be listed
(5 of 5) [CW-13480/2022]
during the period of one month then it would be
heard and decided on the said date without
deferring it on any ground whatsoever. It would
include the excuse due to administrative reason or
other work because hearing of the appeal is also
administrative work. The direction aforesaid is
required to be complied even to avoid
complications, which may arise in case of
acceptance of appeal/revision and in the
meanwhile, if authorisation of fair price shop is
given to others. Thus, the respondents would be
expected to see aforesaid position also."
3. No authorization of fair price shop will be made
which was allotted to the appellant. If it is done, it
will not be finalized during the pendency of the
appeal. The procedure will be kept in a sealed
cover and if ultimately the present appellant
succeeds in appeal, the seal cover will be opened
otherwise the same will not be opened.
4. In that view of the matter, appeal stands
allowed to the aforesaid extent that no
authorization will be made pending the appeal.
5. The appellant will serve a copy of this order to
the District Collector, Bharatpur and the Collector
will comply with the directions issued by the
learned Single Judge and will decide the appeal on
or before 30.12.2017."
3. In that view of the matter appeal stands allowed to the
aforesaid extent that no authorization will be made pending
the appeal."
Taking into consideration the contentions advanced by the
learned counsels for the respective parties and the material on
record, this Court deems it just and proper to allow these writ
petitions in terms of order dated 08.01.2018 passed by the Division
Bench in case of Mukesh Kumar Meena (supra).
However, the appellate/revisional authorities are further
directed to expedite hearing and disposal of the appeal/revision
preferred by the petitioners preferably within a period of one month
from the date of communication of this order.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/56, 58, 131 & 134-136
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