Dismissed

Ramkishore S/O Late Shri Prabhudayal Verma v. Priya Mahila Sawaim Sahayata Samooh

Rajasthan HC19 Feb 2020SAW/45/2020

Case brief

AI extract

What is this about?

Representing a wife's fair price shop, the appellant filed an appeal challenging an order directing POS machine issuance to her shop. The High Court held the appeal was not maintainable as the appellant was not a party to the original writ petition, rendering his filing of the suit academic. Consequently, both applications were dismissed.

What did the court decide?

Applications are dismissed; appeal is dismissed as not maintainable; condonation of delay rendered academic.

Ramkishore S/O Late Shri Prabhudayal Verma Vs Priya… — Consumer Protection | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D. B. Civil Misc. Application No.1/2020

¶3

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D.B. Special Appeal Writ No. 45/2020

¶5

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S.B. Civil Writ Petition No.23451/2018

¶7

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D. B. Civil Misc. Application No.17/2020

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Ramkishore S/o Late Shri Prabhudayal Verma, Aged About 43 Years, R/o Bunkar Mohalla, Village Radawas, Tehsil Shahpura, District Jaipur.

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----Appellant

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Versus

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Priya Mahila Sawaim Sahayata Samooh, Through Its Secretary Smt. Parmeshwari Devi W/o Shri Ranveer Singh Choudhary, Aged Near About 33 Years, Resident Of Ward No. 5, Village Radawas, Tehsil Shahpura, District Jaipur.

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The State Of Rajasthan Through Principal Secretary, Food And Civil Supplies And Consumer Affairs Department, Secretariat, Jaipur.

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Additional Commissioner, Department Of Food, Civil Supply And Consumer Affairs, Government Of Rajasthan, Jaipur.

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The District Collector (Rasad), District Jaipur.

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The District Supply Officer, Second, Jaipur.

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----Respondents

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For Appellant(s) : Mr. Devendra Kumar Bhardwaj, Advocate with Mr. Kailash Sharma, Advocate

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HON'BLE MRS. JUSTICE SABINA

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

(2 of 3)

19/02/2020

Applicant/appellant has filed the application for grant of permission to file special appeal against the order dated 25.10.2018 passed by the learned Single Judge.

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Learned counsel for the appellant has submitted that the appellant had earlier filed S.B. Civil Writ No.20788/2018 challenging the order dated 24.07.2018 passed by the District Supply Officer, Jaipur-II, whereby his license for running the Fair Price Shop was cancelled. Vide order dated 01.10.2018, writ petition filed by the appellant was allowed and order dated 24.07.2018 was set aside. It was ordered that the respondents should give show cause notice to the appellant and thereafter pass a reasoned and speaking order with regard to his license. The factum of the passing of the order dated 01.10.2018 was not disclosed by respondent No.1 at the time of passing of the impugned order.

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Respondent No.1 had filed S.B. Civil Writ Petition No.23451/2018 seeking a direction for issuance of Point of Sale (POS) machine for his Fair Price Shop. Since, respondent No.1 had been issued license for running Fair Price Shop.

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Learned Single Judge vide impugned order rightly directed the respondents to issue POS machine to respondent No.1 on deposit of necessary charges. So far as the appellant is concerned, he was not a party before the learned Single Judge and appellant had filed application for recalling the order dated 25.10.2018 but the said application was got dismissed as withdrawn to enable the appellant to file an appeal. Appeal filed by the appellant is not maintainable because vide the impugned order, a direction was issued for issuance of POS machine to respondent No.1 by

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(3 of 3)

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respondent Nos. 2 to 5 as respondent No.1 had been issued license to run the Fair Price Shop. So far as, the writ petition filed by the appellant is concerned, vide order dated 01.10.2018, it was ordered that the appellant should be heard before his license to run the Fair Price Shop is cancelled. During the course of arguments, it has transpired that so far as the license of the appellant is concerned, the same stands cancelled. So far as the respondent No.1 is concerned, at the time of the passing of the impugned order, he was having a license to run the Fair Price Shop and was entitled for issuance of POS machine.

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In these circumstances, appellant has no cause of action to file the appeal with regard to the impugned order passed by the learned Single Judge.

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Hence, application No.1/2020 is dismissed.

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Consequently, appeal is dismissed being not maintainable. So far as the application moved by the appellant for condonation of delay in filing the appeal is concerned, the same is rendered merely academic disposed of accordingly.

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(NARENDRA SINGH DHADDHA),J

¶34

Gourav/Jatin /37

Ramkishore S/O Late Shri Prabhudayal Verma v. Priya Mahila Sawaim Sahayata Samooh

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Ramkishore S/O Late Shri Prabhudayal Verma v. Priya Mahila Sawaim Sahayata Samooh

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