Disposed

Smt Lalita Devi v. State Food and Civil Suppliesors

Rajasthan HC12 Mar 2015CW/2969/2015

Case brief

AI extract

What is this about?

High Court disposed of writ petition wherein petitioner sought allotment of fair price shop on compassionate ground after husband's death. Court directed District Supply Officer to decide application within two months and dismissed stay application.

What did the court decide?

Directing Respondent No. 3 to decide the application for allotment of fair price shop on compassionate ground within two months.

Smt Lalita Devi Vs State Food and Civil Suppliesors — Writ and Judicial Review | Rajasthan HC (2015)

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S.B. CIVIL WRIT PETITION NO. 2969/2015

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

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ORDER

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S.B. CIVIL WRIT PETITION NO. 2969/2015 WITH S.B. CIVIL MISC. STAY APPLICATION NO. 2656/2015

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SMT. LALITA DEVI VS. STATE OF RAJASTHAN & OTHERS.

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DATE OF ORDER : 12.03.2015

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ

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Mr. Shashi Bhushan Gupta, for the petitioner.

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BY THE COURT:

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This writ petition has been filed by the petitioner contending that husband of the petitioner was selected as fair price shop dealer for Village Panchayat Kherwal(1/2 part) Tehsil and District Dausa vide Licence No. 56/2005. Husband of the petitioner passed away on 06.01.2015 due to cancer leaving behind family consisting of petitioner wife, three daughters and one son and entire responsibility of the family is now on the petitioner, as the children are studying and on one is yet married. Learned counsel for the petitioner has submitted that State Government vide order dated 27.04.2012 issued guidelines for allotment of fair price shop whereby it is provided that on death of fair price shop dealer, the shop may be allotted to his dependents in preference given therein and accordingly authorization may be amended. Subsequently, vide amended order dated 11.12.2012, the State Government has fixed qualification of 8^th Class as prescribed education qualification for allotment of fair price shop. The petitioner submitted application on 28.01.2015 to the

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S.B. CIVIL WRIT PETITION NO. 2969/2015

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respondents for allotment of fair price shop on compassionate ground. The Gram Panchayat also addressed a letter to the District Supply Officer recommending the case of the petitioner. Thereafter, District Supply Officer, Dausa wrote a letter on 12.02.2015 to Respondent No. 2, Additional Commissioner seeking clarification under the garb of newly prescribed qualification and eligibility for issuing of fair price shop authorization/licence. Learned counsel for the petitioner has submitted that the petitioner possesses qualification of Class 8^th and fulfills the eligibility criteria for allotment of fair price shop in view of the aforesaid guidelines and order of the State Government. As such action of the respondent of lingering the matter under the garb of newly prescribed qualification and eligibility, which has no application to the case of the petitioner, is illegal and arbitrary.

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Having regard to the facts aforesaid, writ petition is disposed of with direction to Respondent No. 3, District Supply Officer, Dausa to decide the application filed by the petitioner for allotment of fair price shop on compassionate ground within a period of two months from the date of production of certified copy of this order before him.

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Stay application stands disposed of.

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(MOHAMMAD RAFIQ),J.

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Manoj, S.NO.63.

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“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” MANOJ NARWANI Personal Assistant.

Smt Lalita Devi v. State Food and Civil Suppliesors

Case brief

What is this about?

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Smt Lalita Devi v. State Food and Civil Suppliesors

Case brief

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