Dismissed

Rajendra Kumar v. State of Raj and Ors.

Rajasthan HC9 Nov 2017CW/2663/2000

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the appointment of a specific individual as a fair price shop dealer, despite allegations of residency non-compliance and lack of an interview letter, finding no illegality and refusing to disturb the long-standing status quo.

What did the court decide?

The writ petition was dismissed as the appointment of the respondent was found legal and no illegality was detected; status quo was maintained.

Rajendra Kumar Vs State of Raj and… — Constitutional and Fundamental Rights | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 2663 / 2000

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Rajendra Kumar S/o. Shri Shiv Ram Ji, Aged 38 years, By caste Sen, Resident of Bilara, District Jodhpur.

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----Petitioner

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Versus

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State of Rajasthan, through Commissioner, Food & Nagrik Rasad Vibhag, Jaipur.

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District Supply Officer – cum – Collector (Supply), Jodhpur.

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Shri Ramchandra S/o. Sohan Lal, By caste Patel, R/o Ward No.12, Bilara, District Jodhpur.

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Tehsildar, Bilara.

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Lakshman Lakhawat S/o. Shri Karana Ramji Lakhawat, R/o Bilara, District Jodhpur.

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Smt. Aruna Patel W/o. Shri Rajendra Patel, Resident of Bilara, District Jodhpur.

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----Respondent

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_____________________________________________________ For Petitioner(s) : Mr. Ranjeet Joshi Mr. Abhijeet Joshi For Respondent(s) : Mr. L.R. Bishnoi, Dy.GC Mr. C.R. Jakhar

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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09/11/2017

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This writ petition has been filed by the petitioner being aggrieved with the appointment of respondent No.3 as dealer of a fair price shop for Ward No.14 of Municipal Board, Bilara, District Jodhpur. The said appointment was made on 15.07.2000.

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The main ground taken by the petitioner is that the respondent No.3 was not resident of Ward No.14 and, therefore, he cannot be appointed as dealer of the fair price shop meant for Ward No.14.

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(2 of 3)

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[CW-2663/2000]

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Reply to the writ petition has been filed on behalf of the respondent-State, wherein copy of the circular dated 10.05.1999 is placed on record as Annexure-R/1, which contains criteria for allotment of a fair price shop.

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On the basis of the said circular/guideline, the respondentState is claiming that there is no criteria to the effect that a person appointed as dealer of a fair price shop for a ward is necessarily required to be resident of the said ward.

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The petitioner has also contended that no interview letter was issued to the respondent No.3 and he was appointed as dealer of the fair price shop in question without appearing in the interview.

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The respondent Nos.1 and 2 are claiming that since the respondent No.3 has submitted the proof of residence of Municipal Board, Bilara, District Jodhpur, he was interviewed along with other candidates including petitioner, though, no interview letter was issued to him. It is also claimed that as the respondent No.3 was the most suitable person amongst the persons, who have applied for appointment as dealer for the fair price shop in question, he was selected and appointed.

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No rejoinder to the reply has been filed on behalf of the petitioner.

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Having heard learned counsel for the parties and after taking into consideration the facts and circumstances of the case, I don’t find any illegality in the appointment of respondent No.3 as dealer of the fair price shop in question.

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(3 of 3)

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[CW-2663/2000]

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Otherwise also seventeen years have been passed and the respondent No.3 is still operating the fair price shop in question in the area concerned, therefore, also after efflux of a long time, I am not inclined to disturb the status quo in respect of the fair price shop in question.

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Hence, this writ petition is dismissed.

¶31

(VIJAY BISHNOI)J.

¶32

Abhishek Kumar S.No.7

Rajendra Kumar v. State of Raj and Ors.

Case brief

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Rajendra Kumar v. State of Raj and Ors.

Case brief

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