Gram Seva Sahkari Samiti vs State Of Rajasthan
2023 Latest Caselaw 698 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 677/2023

Gram Seva Sahkari Samiti, Village Panchayat Paramdara, Tehsil
Deeg, District Bharatpur, Through Vyavasthapak Rajveer Singh
Son Of Sh. Balveer Singh, Aged 36 Years, Resident Of Village
Panchayat Paramdara, Tehsil Deeg, District Bharatpur.
                                                                       ----Petitioner
                                     Versus
1.      State Of Rajasthan, Through Commissioner, Food, Civil
        Supplies And Consumer Affairs Department, Secretariat,
        Jaipur.
2.      District Collector, Bharatpur.
3.      District Supply Officer, Bharatpur.
                                                                  ----Non-Petitioners


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

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

20/01/2023

This writ petition has been filed assailing the legality and

validity of the notification dated 29.08.2022 issued by the District

Supply Officer, Bharatpur to the extent it invites application for

allotment of fair price shop for the Village Paramdara, Tehsil Deeg,

District Bharatpur.

Issue notice. Notices are accepted by Mr. Bharat Singh

Gurjar, learned Deputy Government Counsel on behalf of the

respondents.

Learned counsel for the petitioner submits that the issue

involved in this writ petition has been considered and decided by

the Co-ordinate Bench of this court in the matter of Ramesh

(2 of 4) [CW-677/2023]

Chand Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition

No.13808/2022) wherein on 20.09.2022, the following order was

passed:-

"Issue notice.

Notices are accepted by Mr. Bharat Singh Gurjar, learned Deputy Government Counsel on behalf of the respondents. This writ petition has 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 Gram Panchayat Mai, Tehsil Nadbai, District Bharatpur with FPS Code No.12183. Learned counsel for the petitioner submits that his appeal against the order cancelling the authorization letter issued in his favour is pending consideration before the District Collector, Bharatpur in pursuance of judgment dated 28.07.2021 passed by the revisional authority whereby, while partly allowing the revision petition, the matter was remanded back to the appellate authority to decide it afresh. He, relying upon a Division Bench 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, no new authorization letter for the subject fair price shop can be issued. He, therefore, prays that the writ petition 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; e sa

(3 of 4) [CW-677/2023]

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 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."

(4 of 4) [CW-677/2023]

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 this writ petition in terms of order dated 08.01.2018 passed by the Division Bench in case of Mukesh Kumar Meena (supra).

However, the appellate authority is further directed to expedite hearing and disposal of the appeal preferred by the petitioner preferably within a period of one month from the date of communication of this order."

Learned counsel for the respondents has not disputed the

aforesaid legal position.

In that view of the matter, this writ petition is disposed of in

view of the judgment passed by the Co-ordinate Bench of this

court in the matter of Ramesh Chand (supra).

(MAHENDAR KUMAR GOYAL),J

Sudha/202

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