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Shamshad Ali v. State of Haryana and Others

Punjab & Haryana HC24 Mar 2025CWP/4924/2018

Case brief

AI extract

What is this about?

Punjab and Haryana High Court; CWP-4924-2018 (O&M); Shamshad Ali v. State of Haryana and others; fair price shop; depot supply stopped and restored since 2013; District Food and Supplies Controller order dated 30.01.2018 appealable; appeal to Deputy Commissioner-respondent No.3; expeditious disposal preferably within 03 months; interim status quo on supply; alternative appellate remedy; writ petition disposed on 24.03.2025; Lapita Banerji, J. (Oral).

What did the court decide?

CWP-4924-2018 disposed of with the directions aforesaid (appeal, if filed within two weeks before the Deputy Commissioner-respondent No.3, to be disposed of expeditiously, preferably within 03 months; status quo as to supply to the petitioner's fair price shop till disposal of the appeal); connected applications, if any, also accordingly disposed of. ¶22

Shamshad Ali Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition should be disposed of in view of the availability of an appeal against the order dated January 30, 2018 passed by the District Food and Supplies Controller-respondent No.4, with directions for expeditious appellate disposal before the Deputy Commissioner-respondent No.3 and interim protection of supply.

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Court's answer

In the event an appeal is filed within two weeks from the date of the order before the Deputy Commissioner-respondent No.3, the said respondent will expeditiously dispose of the appeal, preferably within a period of 03 months from the date.

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Ratio / Principle

Till such time the appeal is disposed of, there will be an order of status quo with regard to the supply to the fair price shop of the petitioner.

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Detailed headnote1 paragraphs

CWP-4924-2018 (O&M), Shamshad Ali v. State of Haryana and others, decided orally on 24.03.2025 by Ms. Justice Lapita Banerji, High Court of Punjab and Haryana at Chandigarh. Learned counsel for the petitioner submitted that supply to the petitioner's depot, alleged to have been illegally and arbitrarily stopped, stood restored since 2013. The Court recorded that the order dated January 30, 2018 passed by the District Food and Supplies Controller (respondent No.4) is an appealable order, and disposed of the writ petition directing that if an appeal is filed within two weeks before the Deputy Commissioner (respondent No.3), it be disposed of expeditiously, preferably within 03 months, with an order of status quo as regards supply to the petitioner's fair price shop till disposal of the appeal. Connected applications, if any, were also disposed of.

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CWP-4924-2018 (O&M)

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Sr. No.101 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-4924-2018 (O&M) Date of Decision : 24.03.2025

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Shamshad Al i …Petitioner

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Versus

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State of Hary a na and others …Respondents

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CORAM : HON’BLE MS. JUSTICE LAPITA BANERJI

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Present : M r. Diwan Singh Adlakha, Adv o cate, f o r the petitioner.

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M r. Sharad Aggarwal, DAG, H a ryana.

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M r. Karan Singh, Advocate, f o r respondents No.5 and 6. ( t hrough video conferencing)

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LAPITA BANERJI, J. (Oral)

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L earned counsel appearing o n behalf of the petitioner submits that t he supply to the depot that w as illegally and arbitrarily stopped, has b een restored to the petitioner s ince 2013.

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N otice of motion was issued on F ebruary 28, 2018.

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L earned counsel appearing on b ehalf of the State-authorities submits that t he order dated January 30, 2 018 passed by the District Food and Supplies Controller-respondent N o .4 is an appealable order.

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T his Court has heard the learn e d counsel for the parties and perused the m aterial on record.

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I n the event, an appeal is filed within two weeks from the date of this o r der before the Deputy Commissioner-respondent No.3, the said respond e nt will expeditiously dispos e of the appeal, preferably within a period of 03 months from the date.

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VANDANA 2025.03.25 10:05 I attest to the accuracy and integrity of this document

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Page 1 of 2

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CWP-4924-2018 (O&M)

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T ill such time the appeal is d i sposed of, there will be an order of statu s quo with regard to the suppl y to the fair price shop of the petitioner.

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