Rajasthan High Court - Jodhpur
Mool Singh vs State Of Rajasthan on 8 May, 2023
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6193/2023
Mool Singh S/o Shri Raghunath Singh, Aged About 47 Years,
Resident Of Village Post Tadana, Tehsil And District Jaisalmer,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The District Collector,
Jaisalmer, Rajasthan.
2. The District Supply Officer, Jaisalmer, Rajasthan.
----Respondents
For Petitioner(s) : Ms. Saroj Patel
For Respondent(s) : Mr. Dinesh Jain, Dy. GC.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/05/2023
1. Learned counsel for the petitioner has shown the order
passed by a coordinate Bench of this Hon'ble Court in S.B. Civil
Writ Petition No.275/2022 (Mahipal Jain Vs. State of
Rajasthan & Ors.) decided on 17.01.2022.
2. The petitioner's license to run fair price shop was suspended
vide order dated 09.05.2022. Learned counsel for the petitioner
submits that the period of more than 90 days has since lapsed and
the validity of the suspension has therefore expired.
3. In support of his contention, learned counsel relies upon a
judgment dated 10.05.2018 passed by a co-ordinate bench of this
Hon'ble Court in the case of Khemraj Darji Vs. State of
Rajasthan and Ors. In case of Khemraj Darji (supra), this Court
has held:
"In view of this legal position, the suspension of the
petitioner's licence of fair price shop came an
automatic end on 24.10.2017. As a direct consequence
thereof, the adamancy of the authoritites in refusing to
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supply the essential commodities/ ration materials to
the petitioner's shop is absolutely unjustifiable. It is
manifest that once the suspension order had come to
an end automatically upon expiry of 90 days, there
cannot be any justification for the respondents in
refusing to resume the supply of essential
commodities/ ration materials to the petitioner's fair
price shop. Thus, the officers of the Civil Supply
Department 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 expeditious inquiry into the
allegations of malpractices attributed to the petitioner
and pass appropriate order after conclusion thereof as
per law. With these observations and directions, the
writ petition is allowed. Stay application is disposed
of."
3. Mr. Dinesh Jain, learned Deputy Government Counsel is not in a
position to dispute the aforesaid portion of facts and law.
4. The writ petition is, therefore, allowed. It is declared that the
suspension of the petitioner's fair price shop which was effected
pursuant to order dated 09.05.2022, has been rendered
inoperative by efflux of time.
5. The respondents are directed to permit the petitioner to run his
fair price shop in accordance with law.
6. Observation made in Khemraj Darji (supra) shall be mutatis
mutandis applicable in the present case as well.
7. Stay application also stands disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI), J.
77-/Jitender//-
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