Dismissed

Ramji Lal Goutam v. State of Raj and Ors.

Rajasthan HC12 Feb 2008CW/7953/2007

Case brief

AI extract

What is this about?

The bench dismissed a writ petition challenging the cancellation of a fair price shop allotment. The court held that the petitioner had an available alternative remedy of filing a revision petition before the Food Commissioner under Clause 22A of the Rajasthan Foodgrains Order, 1976, and found no extraordinary reason to exercise writ jurisdiction.

What did the court decide?

The writ petition was disposed of as there was an adequate alternative remedy of revision before the Food Commissioner.

Ramji Lal Goutam Vs State of Raj and Ors. — Service and Employment | Rajasthan HC (2008)

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 SBCWP 7953/2007

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

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O R D E R

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Ram Ji Lal Gautam Versus State and ors.

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S.B. CIVIL WRIT PETITION NO.7953/2007

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Date of Order : 12/02/2008.

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PRESENT

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HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

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Shri Keshav Agrawal for the petitioner. ******

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Heard learned counsel for the petitioner.

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The petitioner has challenged the order

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dated 12/7/2007 (Annexure-2) whereby the allotment of Fair Price Shop has been made earlier in favour of the petitioner has been cancelled. Learned counsel for the petitioner argued that allotment of the fair price shop earlier granted to the petitioner has illegally been cancelled. It was argued that the impugned-order therefore, being illegal is liable to be set-aside.

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On hearing learned counsel for the

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petitioner and perusing the impugned-order, I find that there is a provision of revision under the provisions of Clause 22A of the Rajasthan Foodgrains

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 SBCWP 7953/2007
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& Other Essential Articles (Regulation of Distribution) Order, 1976 to the Food Commissioner. In the face of alternative remedy of revision, I do not find any extraordinary reason to entertain this writ petition.

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If the petitioner is aggrieved by cancellation of the allotment order earlier made in favour of the petitioner, appropriate remedy for him to challenge the same and to file revision petition before Food Commissioner under Clause 22A of the Rajasthan Foodgrains & Other Essential Articles (Regulation of Distribution) Order, 1976. If the revision petition is filed, the concerned authority shall decide the same after hearing petitioner in accordance with law as early as possible but not later than three months from the date of filing of the same. However, it is made clear that till the disposal of the revision petition, the allotment of the fair price shop may not be allotted to any third party.

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With this observation, the writ petition is disposed of.

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(MOHAMMAD RAFIQ), J.

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anil

Ramji Lal Goutam v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Ramji Lal Goutam v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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