In a writ petition, the Rajasthan High Court held that a suspension order against a Fair Price Shop authorisation automatically ceases to operate after 90 days from the date of issuance, setting aside further continuation of such suspension.
The suspension order is set aside if it was passed 90 days prior to this order, as it cannot continue further.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13545 / 2017
Lakhan Singh Meena S/o Shri Parimal Singh Meena, Aged About 38 Years, R/o Gram Panchayat Batada, Tehsil Mandrayal, District Karauli (raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Shashi Bhushan Gupta
For Respondent(s) : Mr. VD Gathala, Addl. GC
HON'BLE MR. JUSTICE M.N.BHANDARI
Order
21/08/2017
Mr. VD Gathala, Additional Government Counsel appears for the Department. He submits that this writ petition is covered by the judgment of this court as period of 90 days has already passed after suspension of authorisation of Fair Price Shop thus impugned order should come to an end automatically.
The reference of the judgment of this court in the case of Hans Raj Gurjar Vs. State of Rajasthan & Ors., DB Special Appeal (Writ) No.1996/2014 decided on 16.12.2014 has been given apart from the reference of the judgment of this court in the case of Fateh Singh Choudhary Vs. State of Rajasthan & Anr., SB Civil Writ Petition No.4235/2005 decided on 24.02.2014.
(2 of 2)
[CW-13545/2017]
In view of the judgments referred above, suspension cannot be continued after expiry of a period of 90 days. The learned counsel for the respondents however submits that the order should not apply to a case where authorisation of the Fair Price Shop has been cancelled, if any.
In view of the facts given above, this writ petition is decided with following directions as, otherwise, it is covered by the judgment referred above:-
(i) If suspension order was passed 90 days prior to this order then would not further continue rather are set aside in reference to the judgment referred above. However, it would not apply to a case where during the intervening period, authorisation of the Fair Price Shop has been cancelled.
(ii) It is, however, made clear that if enquiry is pending against the petitioner, this order would not come in the way or influence either of the party for the aforesaid purpose rather enquiry may be continued and be concluded as per the provisions of law.
The writ petition is allowed with the aforesaid.
(MN BHANDARI) J.
sunita/209
1 issue framed by the court
Whether a suspension order against a Fair Price Shop authorisation automatically ceases after 90 days from its passage.
Colour shows how this judgement treated each authority
Hans Raj Gurjar Vs. State of Rajasthan & Ors.Referred¶14
Hans Raj Gurjar Vs. State of Rajasthan & Ors., DB Special Appeal (Writ) No.1996/2014
Fateh Singh Choudhary Vs. State of Rajasthan & Anr.Referred¶14
Fateh Singh Choudhary Vs. State of Rajasthan & Anr., SB Civil Writ Petition No.4235/2005
Lakhan Singh Meena
State of Rajasthan Through Principal Secretary, Food, Civil Supplies, and Consumers Matters Department
District Supply Officer, Karauli
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
