Mithlesh vs Food Commissioner And Ors
2023 Latest Caselaw 1911 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil Writ Petition No. 7628/2018

Mithlesh
                                                                  ----Petitioner
                                   Versus
Food Commissioner And Ors.
                                                                ----Respondent

For Petitioner(s) : Mr. Keshv Kumar Agarwal For Respondent(s) : Mr. Bharat Singh Gurjar, Dy.G.C.

Mr. Sunil Singodiya Mr. Shiv Shanker Choudhary

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

09/02/2023

Application (IA No.1/2023)

The matter comes upon an application (IA No.1/2023) filed

by the applicant under Article 226 (3) of the Constitution of India

for vacation of ex-parte interim order dated 11.05.2018.

Petitioner in the writ petition has assailed the order dated

23.02.2016 passed by the District Supply Officer (II), District

Bharatpur, whereby, the licence of fair price shop of the petitioner

has been cancelled and security amount deposited by the

petitioner has been forfeited. Vide ex-parte interim order dated

11.05.2018, this Court ordered that fair price shop shall not be

allotted to any other person.

In the interest of justice and to avoid further complications, I

am not inclined to vacate the ex-parte interim order.

Accordingly, application (IA No.1/2023) stands dismissed.

Application (IA No. 1/2022)

(2 of 2) [CW-7628/2018]

Application (1/2022) has been filed by the applicant-Ram

Kumar S/o Hetram, under order 1 Rule 10 CPC for impleading him

as a party in the array of respondents.

Petitioner in the writ petition has assailed the order dated

23.02.2016 passed by the District Supply Officer (II), District

Bharatpur, whereby, the licence of fair price shop of the petitioner

has been cancelled and forfeited the security amount deposited by

the petitioner. Vide ex-parte interim order dated 11.05.2018, this

Court ordered that fair price shop shall not be allotted to any other

person. Though this Court vide interim orders dated 29.05.2019

and 11.05.2019 has ordered that the said fair price shop in

question shall not be allotted to any other person, even then the

District Supply Officer (II), District Bharatpur has issued an

advertisement dated 29.07.2021, by which the applications were

invited for allotment of the fair price shop in question in which the

applicant is one of the aspirant.

Any advertisement after the interim order issued by this

Court, cannot be a basis for any rights to any person and

therefore, merely submitting the application in pursuance of an

advertisement issued after the ex-parte interim order, cannot be a

basis for impleadment as party.

In view of the above, application (IA No.1/2022) for

impleadment as a party respondent stands dismissed.

(GANESH RAM MEENA),J

ARTI SHARMA /9

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