Hon'ble Rajasthan High Court allowed a writ petition since the issue was identical to a closely decided matter and a stay application is also disposed of.
Writ petition allowed in terms of antecedent order directing permission to operate and stay application disposed off.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 16282/2019
Kanwar Lal S/o Shri Panna Lal, Aged About 48 Years, B/c Meghwal, Resident Of Village Kotdi Kalla, Nimbaheda, District Chittorgarh, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Hemant Shrimali Mr. Harish Jangid For Respondent(s) :
JUSTICE DINESH MEHTA
Order
13/11/2019
Learned counsel for the parties are ad-idem that the issue involved in the present writ petition is identical to the issue raised in S.B. Civil Writ Petition No.14465/2019 dated 01.10.2019. The relevant part is reproduced hereinbelow:-
The petitioner may also send a copy of representation to the District Collector concerned, who shall ensure
(2 of 2)
[CW-16282/2019]
that the needful is done in the matter within 15 days, as it is not only the business rights of the petitioner, which are affected, the rights of the citizens also are affected, who are unable to procure the essential commodities from such shops.
In case any enquiry is pending and/or petitioner’s license has been cancelled or for any reasons he cannot be permitted to operate his fair price shop, the District Supplies Officer shall pass a reasoned/speaking order within a period of 15 days.
The writ petition is allowed in above terms.
The stay application is also stand disposed of accordingly.”
Following the decision aforesaid, the present writ petition is also allowed in above terms.
The stay application also stands disposed of.
(DINESH MEHTA),J
202-Hanuman/-
2 issues framed by the court
Whether a fresh representation is required to determine the rights of the petitioner to operate in furtherance of his license in accordance with law.
Whether the stay application should be disposed of accordingly.
KANWAR LAL S/O SHRI PNA LAL
STATE OF RAJASTHAN THROUGH SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF RAJASTHAN SECRETARIAT JAIPUR
DISTRICT SUPPLY OFFICER CHITTORGARH
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
