This order allowed a writ petition where the license for a fair price shop was suspended for more than 90 days. The court directed authorities to resume supply of essential commodities to the petitioner, while reserving the right to conduct an enquiry.
Respondents directed to resume supply of essential commodities to the petitioner's fair price shop forthwith.
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 AT JODHPUR
S.B. Civil Writ Petition No. 10767/2021
Kalu Singh S/o Vagji, Aged About 52 Years, By Caste Bhil, R/o Village Khajura And Gram Panchayat Kotda Ranga, Tehsil Kushalgarh, District Banswara (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Jubin Mehta For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
13/08/2021
Learned counsel for the petitioner has submitted that the license possessed by the petitioner for a fair price shop has been suspended by the District Supply Officer, Banswara vide order dated 19.03.2019. It is submitted that as per Clause 8(2) of the Rajasthan Foodgrains and Other Essential Articles (Regulation & Distribution) Order, 1976, the license of a fair price shop dealer can be suspended for a maximum period of 90 days. It is argued that despite the expiry of 90 days, the respondent authorities are not restoring the supply of essential commodities/ ration materials to the petitioner’s fair price shop.
Learned counsel for the petitioner has placed reliance on decisions of this Court rendered in Khemraj Darji vs. State of
(2 of 2)
[CW-10767/2021]
Rajasthan & Ors., SBCWP No.16264/2017 decided on 10.05.2018 and in Ganpat Lal vs. State of Rajasthan & Anr., SBCWP No.4359/2020 decided on 02.06.2020.
In view of the above, the suspension of the petitioner’s license for running fair price shop came to an automatic end after expiry of 90 days from 19.03.2019 and, therefore, the respondents are directed to resume the supply of essential commodities to the petitioner’s fair price shop forthwith. However, the competent authority shall be at liberty to conduct necessary enquiry in accordance with law into the allegations of malpractices attributed to the petitioner.
With the above observations and directions, the writ petition is allowed.
Stay petition stands disposed of.
(VIJAY BISHNOI),J
351-Arun/-
1 issue framed by the court
Whether the suspension of a fair price shop license for over 90 days must be automatically lifted and supply of commodities restored.
Colour shows how this judgement treated each authority
Khemraj Darji vs. State of Rajasthan & Ors.Relied on¶15
Khemraj Darji vs. State of Rajasthan & Ors., SBCWP No.16264/2017
Ganpat Lal vs. State of Rajasthan & Anr.Relied on¶18
Ganpat Lal vs. State of Rajasthan & Anr., SBCWP No.4359/2020
Kalu Singh S/o Vagji
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
