Rajasthan High Court - Jodhpur
Kalu Singh Chouhan vs State Of Rajasthan ... on 24 May, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/017207]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Misc Application No. 121/2023
In
S.B. Civil Writ Petition No.16142/2022
Kalu Singh Chouhan S/o Kishan Singh Chouhan, Aged About 43
Years, Village Kelijar, Gram Panchayat Kelijer, Bassi, Chittorgarh,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Food
And Civil Supply Department, Secretariat, Jaipur.
2. District Collector, Chittorgarh.
3. District Supply Officer, Food And Civil Supply Department,
Chittorgarh (Raj.).
4. Nand Lal S/o Shankar Lal Acharat, Village Kelijar,
Chittorgarh, Rajasthan.
----Respondents
For Petitioner(s) : Mr. D.S. Rajvi
For Respondent(s) : Mr. Dinesh Jain, Dy.GC.
Mr. Kuldeep Singh Solanki
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/05/2023
1. This misc. application has been preferred seeking recalling of
the order dated 09.05.2023 passed by this Court in S.B. Civil Writ
Petition No.16142/2022.
2. This Court had passed the following order on 09.05.2023 in
the aforementioned writ petition:
"1. Learned counsel for the petitioner has shown the
order dated 01.02.2023 passed by Hon'ble coordinate
Bench of this Court in S.B. Civil Writ Petition No.206/2023
(Shankarlal & Ors. Vs. State of Rajasthan & Ors.). The order
reads as under:-
(Downloaded on 25/05/2023 at 09:22:03 PM)
[2023/RJJD/017207] (2 of 2) [WMAP-121/2023]
"Learned counsel for the parties have submitted that
the controversy involved in this writ petition is squarely
covered by the decision of this Court dated 10.12.2012
rendered in S.B. Civil Writ Petition No.11913/2012 -
Siyaram Meena Vs. State of Rajasthan & Ors.
In the case of Siyaram Meena (supra), this Court has
held thus:-
"Consequently, I would dispose of the writ petition with the
direction that until 500 ration cards are attached to Fair
Price Shop being rub by the petitioner, no other new Fair
Price Shop in the area be allotted to any other person.
Thereafter the respondents shall be free to allot new Fair
Price Shops in the area where the petitioner is operating."
The present writ petition is disposed of in the light of
the aforesaid judgment and it is directed that until number
of ration cards to the fair price shops exceed 500 and 2000
units of NFSA, no new Fair Price Shop shall be allotted. If
the number of ration cards exceeds 500 and 2000 units of
NFSA, then the respondents shall be free to allot license for
new Fair Price Shops. Stay application also stands disposed
of."
2. In light of the aforequoted order, the present writ
petition is also disposed of in the same terms.
3. The stay application also stands disposed of."
3. Mr. Dinesh Jain, learned Deputy Govt. Counsel, at the outset,
submits that the applicant-petitioner shall be protected to the
extent of 500 Units and no adverse action shall be taken against
him to the extent of 500 units and 2000 Units of NFSA. If at all
any allotment has to be made, it will be over and above the
exceeding 500 units.
4. In light of such submission, the present misc. application is
disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
223-Zeeshan
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