High Court of Rajasthan held that suspension of a Fair Price Shop authorisation cannot continue beyond 90 days unless the authorisation was cancelled during that period. Pending enquiry does not affect this direction.
Suspension order set aside if passed 90 days prior; otherwise, enquiry continues.
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. 4254 / 2018
Sameer Khan S/o Shri Kanni Khan, Aged About 56 Years, Fair Price Shop Kepeer-ghatala, Tehsil Alwar Rural District Alwar.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Rakesh Kumar Sharma
For Respondent(s) : Mr. V.D. Gathala, Addl.G.C.
HON'BLE MR. JUSTICE M.N. BHANDARI
Order
23/02/2018
By this writ petition, a challenge is made to the order of suspension of authorisation of Fair Price Shop. It is precisely on the ground that a period of 90 days has already been passed thus suspension cannot continue beyond the period aforesaid. 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. In view of the judgments referred above, suspension cannot be continued after expiry of a period of 90 days.
(2 of 2)
[CW-4254/2018]
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 judgments referred above:-
(i) If suspension order was passed 90 days prior to this order then would not further continue, rather, is set aside in reference to the judgments referred above. However, it would not apply if 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 parties 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.
Sunita
2 issues framed by the court
Whether the suspension of authorisation of a Fair Price Shop can be continued beyond a period of 90 days?
Whether the principle of 90-day suspension continues to apply when the authorisation of the Fair Price Shop has already been cancelled?
Colour shows how this judgement treated each authority
Hans Raj Gurjar Vs. State of Rajasthan & Ors.Referred¶15
Hans Raj Gurjar Vs. State of Rajasthan & Ors., DB Special Appeal (Writ) No.1996/2014 decided on 16.12.2014
Fateh Singh Choudhary Vs. State of Rajasthan & Anr.Referred¶15
Fateh Singh Choudhary Vs. State of Rajasthan & Anr., SB Civil Writ Petition No.4235/2005 decided on 24.02.2014
Sameer Khan
State of Rajasthan
District Collector, Alwar
District Supply Officer Alwar
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
