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Rajasthan High Court - Jodhpur
Mahesh Chandra Vadera vs State Of Rajasthan (2026:Rj-Jd:8534) on 16 February, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:8534]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2494/2026
Mahesh Chandra Vadera S/o Late Shri Remesh Chandra Vadera,
Aged About 24 Years, Resident Of Village Chordi, Tehsil
Anandpuri, District Banswara Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Food, Civil Supplies And Consumer Affairs,
Secretariat, Jaipur, Rajasthan.
2. The Commissioner, Department Of Food, Civil Supplies
And Consumer Affairs, Jaipur, Rajasthan.
3. The District Collector, District Banswara.
4. The District Supply Officer, Food And Civil Supplies
Department, District Supply Office, Banswara, District
Banswara, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Ajay Kr. Augustine
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
16/02/2026
1. Learned counsel for the petitioner fairly submits that the
controversy involved in the present writ petitions is no more res-
integra and it is covered by the decision rendered by a coordinate
Bench of this Hon'ble Court in Kanti Lal Damor Vs. State of
Rajasthan; S.B. Civil Writ Petition No.10585/2017 on
29.08.2017. The order reads as follows:
"This writ petition has been filed by the petitioner
being aggrieved with the inaction on the part of
respondents in not amending the authorization letter for
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running a fair price shop, which was earlier in the name of
father of the petitioner.
It is contended in the writ petition that despite
completion of all the formalities on the part of petitioner,
the respondents are not deciding the claim of the
petitioner.
Learned counsel for the petitioner has placed reliance
on the decision of a Coordinate Bench of this Court
rendered in Mahendra Singh vs. State of Rajasthan & Ors.
(S.B. Civil Writ Petition No. 12488/2015) decided on
04.12.2015 and submitted that in a similar type of
controversy this Court has directed the respondents to
decide the application of similarly situated person to the
petitioner within one month from the date of production of
certified copy of the order.
Learned counsel for the petitioner submits that the
writ petition filed by the petitioner be disposed of in terms
of the decision rendered by a Coordinate Bench of this
Court in Mahendra Singh's case (supra).
The order dated 04.12.2015 passed by a Coordinate
Bench of this Court in Mahendra Singh's case (supra) is
reproduced hereunder:-
"Petitioner has preferred this writ petition
praying therein undermentioned reliefs:-
"(i) the respondents may kindly be directed to
allow the petitioner for public distribution system
of the fair price shop of Ratichandji Ka Kheda,
Tehsil Bari Sadari District Chittorgarh by
amending the authorization letter No.12/2003
forthwith.
(ii) Any other appropriate writ, order or direction
which this Hon'ble Court deems just and proper
may kindly be passed in favour of the petitioner."
It is, inter-alia, averred in the petition that
petitioner's father Devi Singh was granted licence to run
fair price shop at Gram Panchayat, Ratichandji Ka Kheda
and a licence bearing No.12/2003 was issued in his
name. Mr Devi Singh continued to run the fair price shop
till 23.02.2015 when he took his last breath. After death
of Devi Singh, his son the petitioner staked claimed for
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transferring the licence of the fair price shop in his name
and an application to this effect with requisite details was
furnished on 03.03.2015 (Annex.6) before District Supply
Officer, Chittorgarh. The cause of the petitioner for
transferring or issuing licence in his name for running fair
price shop is also espoused by Pradhan Panchayat Samiti,
Badi Sadari as well as Up-Sarpanch, Gram Panchayat,
Ratichandji Ka Kheda.
Taking cognizance of the
application/representation of the petitioner and
recommendations of some public representatives, District
Supply Officer, Chittorgarh endorsed a letter to second
respondent on 23.03.2015 (Annex.9) seeking necessary
directions/instructions in this behalf. The petitioner has
also placed on record the requisite instructions
(Annex.10) for allotment of fair price shop to next of the
kin of the licence holder after his death. The relevant
clause 11 is reproduced in vernacular as under:-
11 e`r Mhyj ds vkfJrksa dks mfpr ewY; nqdkunkj dh e`R;q gksus ij mlds ifjokj ds fuEu lnL;ksa esa
vuqdEikRed vkoaVu ls ,d dks fuEu ojh;rk de ls nqdku vkoafVr dj izkf/kdkj i= dks
la'kks/ku fd;k tkosxkA
¼1½ e`rd dh fo/kok ¼2½ ckfyx iq= tks e`rd ij vkfJr gks ¼3½ ckfyx
vfookfgr iq= tks e`rd ij vkfJr gks ¼4½ fo/kok iq=h
mäkuqlkj vkoaVu djrs le; fcUnq la[;k 2 ls 4 vkosndksa ds ifjokj
ds vU; lnL;ksa ;Fkk ekrk] ckfyx HkkbZ o vfookfgr ckfyx cfguksa ls
vukifÙk izek.k i= vkosnd dks izLrqr djuk gksxkA bl iz;kstukFkZ
ifjokj esa ,d gh lkFk jgus okys ,oa e`rd Mhyj ij vkfJr mijksä
Js.kh ds ifjtuksa dks gh lfEefyr fd;k tkosA
Learned counsel for the petitioner submits that despite
the fact that petitioner is fulfilling all the requirements and
there is a provision for allotment of licence in his name on
compassionate grounds the respondents are not paying heed
to his representation and so far no decision has been taken
on his application.
Taking into account the over all fact scenario, I feel it
just and appropriate to direct the respondents to consider
application of the petitioner for allotment of fair price shop at
Gram Panchayat, Ratichandji Ka Kheda on compassionate
ground strictly in accordance with law. The respondents may
take requisite exercise at the earliest, preferably within a
period of one month from the date of production of certified
copy of the order."
In view of the limited prayer made by the petitioner,
this writ petition is disposed of with a direction to the
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respondents to consider the application of the petitioner for
allotment of fair price shop on compassionate ground strictly
in accordance with law. The respondents may undertake
requisite exercise in this behalf at the earliest, preferably
within a period of one month from the date of production of
certified copy of this order.
Stay petition also stands disposed of."
2. Accordingly, this writ petition is also disposed of in the light
of the decision rendered vide order dated 29.08.2017 passed in
Kanti Lal Damor's case (supra). All pending applications also stand
disposed of.
3. Stay peition stands disposed of.
(KULDEEP MATHUR),J
219-himanshu/-
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