WPMS/1066/2022
2022 Latest Caselaw 1531 UK

                   Office Notes,
                reports, orders or
                 proceedings or
Sl. No   Date                                      COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     WPMS No.1066 of 2022
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Parikshit Saini, Advocate, for the petitioner.

Mr. Ajay Singh Bisht, Additional CSC, for the State/2 and 3.

The question raised by the petitioner in the instant writ petition is that the impugned action, which has been taken by the District Supply Officer, Haridwar, is in furtherance of the directives which were issued by the Minority Commission, vide its Letter no.2, dated 11.04.2022, directing the District Magistrate, for attachment of the licence of the fair price shop, ration card holder attached to the petitioner shop, with some other fair price shop.

It has been argued, that the impugned order suffers from the apparent vices, because it is exclusively based upon the directive which were issued by the Uttarakhand Minority Commission, which cannot be a solitary basis to be extracted because it is only the recommendations, which could be made by the Commission, but no positive directions could have been issued, and apart from the fact that the exercise of powers of the Minority Commission, is beyond the ambit and scope of Section 9 of the Uttarakhand Commission for Minority Act, 2002. This aspect has already been recently dealt with by this Court, in a judgment rendered, as to what would be the ambit of exercise of powers by the Minority Commission under the Act of 2002.

In that eventuality, let notices be issued to respondent nos.1 and 4. The petitioner would take the steps within a period of one week from today. The respondents may file their counter affidavit.

Till the next date of listing, the effect and operation of the impugned orders under challenge in the writ petition, would be kept in abeyance.

List after service of notice on the respondents.

(Sharad Kumar Sharma, J.) 19.05.2022

NR/