Allowed

Banshi Lal Khatik v. the State of Rajasthan

Rajasthan HC19 Aug 2021CW/10886/2021

Case brief

AI extract

What is this about?

The Rajasthan High Court quashed the suspension of the petitioner's fair price shop licence, holding that it automatically expired after 90 days. While ordering immediate restoration of supply, it allowed the department to conduct an enquiry into alleged malpractices.

What did the court decide?

Director to accept notice; supply of essential commodities to petitioner's fair price shop resumed immediately pending enquiry into allegations of malpractice.

Banshi Lal Khatik Vs the State of Rajasthan — Service and Employment | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 10886/2021

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Banshi Lal Khatik S/o Shri Lal Chand, Aged About 48 Years, By Caste Khatik, Resident Of Kareda Tehsil Mandal District Bhilwara.

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----Petitioner

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Versus

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

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The District Supply Officer, Bhilwara.

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Enforcement Inspector, Mandal District Bhilwara.

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----Respondents

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For Petitioner(s) : Mr. Pritam Joshi For Respondent(s) : Mr. DJ Jain

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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19/08/2021

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Mr. Dinesh Jain is directed to accept notice on behalf of

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respondent-department.

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This writ petition under Article 226 of the Constitution of India is preferred by the petitioner being aggrieved with the order dated 14.03.2019 issued by District Supply Officer, Bikaner, whereby the licence issued to the petitioner for running a fair price shop at Village Hadan, Tehsil Kolayat, District Bikaner was suspended.

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Learned counsel for the petitioner has submitted that the licence of the petitioner for running a fair price shop was suspended by the District Supply Officer, Bikaner while

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(2 of 3)

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[CW-10886/2021]

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invoking powers conferred upon him by Clause 8(2) of the Rajasthan Foodgrains and Other Essential Articles (Regulation of Distribution) Order, 1976 and under the said powers, the maximum period for which a licence can be suspended is 90 days, however, despite the expiry of 90 days, the respondents authorities are not restoring the supply of essential commodities/ration materials to the petitioner’s fair price shop.

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It is argued that the action of the respondents of not restoring the petitioner’s licence is illegal. It is prayed that the respondents authority may be directed to restore the licence of the petitioner for running the fair price shop immediately.

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Learned counsel for the petitioner has placed reliance on decisions of this Court in Khemraj Darji vs. State of 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.

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In view of the above, the suspension of the petitioner’s licence for running fair price shop came an automatic end after expiry of 90 days from 14.03.2019 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

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(3 of 3)

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[CW-10886/2021]

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necessary enquiry in accordance with law into the allegations

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of malpractices attributed to the petitioner.

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With the above observations and directions, the writ

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petition is allowed.