Citation : 2021 Latest Caselaw 2176 Tel
Judgement Date : 22 July, 2021
Item No.8-12
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.Nos.302, 303, 304, 305 and 306 of 2021
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present appeals are directed against orders dated 06.07.2021
passed by the learned Single Judge dismissing the petitions filed by the
appellants/writ petitioners challenging the termination of dealership of the
fair price shops that were allotted to them on different dates.
2. The appellants/writ petitioners are aggrieved by the Notification
dated 29.06.2021 whereby, the vacancies for fair price shop dealerships in
different villages of the State have been advertised and applications have
been invited. The writ petitions filed by the appellants/writ petitioners
have been dismissed with an observation that if they are eligible to submit
applications in terms of the Notification, they should apply for allotment of
fair price shop dealership and that there is no reason for the court to
interfere in the Notification.
3. We do not find any illegality in the impugned order that would
warrant interference. At the time of appointing the petitioners as fair price
shop dealers on a temporary basis, they were clearly informed that their
appointment was on a temporarily basis. No vested right can be claimed by
them. Even now, they can apply afresh under G.O.Ms.No.20, dated
06.09.2018.
W.A.No.302 of 2021&batch Page 1 of 2
4. After addressing arguments for some time, learned counsel for the
appellants/writ petitioners states that he does not wish to press the present
appeals and that his clients shall submit applications in terms of the
Notification dated 29.06.2021 for allotment of dealership of fair price
shops, wherever vacancies have been advertised vide Notification dated
29.06.2021.
5. Learned counsel for the respondents states that 09.07.2021 was the
last date for submitting the applications for participating in the allotment of
dealership of the fair price shops which is long since over.
6. We are not inclined to extend the timeline for the appellants/writ
petitioners to submit their applications. The writing was on the wall when
the impugned orders were passed on 06.07.2021. The appellants/writ
petitioners had enough time at hand even after 06.07.2021, to have
submitted applications to the respondents authorities, in terms of the
impugned Notification, if they had so desired. Having failed to do so, we
do not propose to come to their aid by carving out an exception for them.
They have missed the bus by now.
7. The present appeals are dismissed as meritless along with the
pending applications, if any.
______________________________ HIMA KOHLI, CJ
______________________________ B. VIJAYSEN REDDY, J 22.07.2021 JSU/PLN
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