Rajasthan High Court - Jodhpur
Gram Seva Sahkari Samiti vs State Of Rajasthan ... on 25 May, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/017389]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6711/2023
Gram Seva Sahkari Samiti, Nai Arwad, Tehsil - Phuliya Kalla,
District - Bhilwara Through Ramlal Gurjar S/o Shri Madu Lal
Gurjar, By Caste Gurjar, Age 40 Years, R/o Sardarpura, Post-
Arad, Tehsil - Phuliya Kalla, District - Bhilwara (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through District Collector, Bhilwara,
Dist. Bhilwara, Rajasthan.
2. The District Supply Officer, Bhilwara, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Manoj Purohit
For Respondent(s) : Mr. Dinesh Jain, Dy.GC.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/05/2023
1. The petitioner's license to run fair price shop was suspended
vide order dated 17.08.2022. Mr. Manoj Purohit, 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.
2. In support of his contention, learned counsel relies upon a
judgment dated 10.05.2018 passed by a Co-ordinate bench of this
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 supply the
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[2023/RJJD/017389] (2 of 2) [CW-6711/2023]
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 Govt. 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 17.08.2022, 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.
105-Zeeshan
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