Allowed

Jalam Chand v. State of Rajasthan

Rajasthan HC10 Feb 2022CW/245/2022

Case brief

AI extract

What is this about?

This judgment disposed of four connected civil writ petitions challenging the restriction on allotting new Fair Price Shops. Relying on a prior Jaipur Bench ruling, the court directed that new shops cannot be allotted as long as attached ration cards at the petitioners' existing shops do not exceed 500.

What did the court decide?

No new Fair Price Shop shall be allotted until ration cards attached to petitioners' shops exceed 500.

Jalam Chand Vs State of Rajasthan — Service and Employment | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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(1) S.B. Civil Writ Petition No. 18062/2021

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Ganesha Ram S/o Bhoma Ram, Aged About 39 Years, By Caste Jat, R/o Village Post Chitawa, Tehsil Kuchaman City, District Nagaur, Rajasthan.

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Parmanand S/o Tulsidas Swami, Aged About 46 Years, By Caste Swami, R/o Village Post Chitawa, Tehsil Kuchaman City, District Nagaur, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through The District Collector, Nagaur, Rajasthan.

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The District Supply Officer, Nagaur, Rajasthan.

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----Respondents

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Connected With

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(2) S.B. Civil Writ Petition No. 18082/2021

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Shrawan Singh S/o Shri Sawai Singh, Aged About 60 Years, By Caste Rajput, R/o Village Khorandi, Tehsil Nawa, District Nagaur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through The District Collector, Nagaur, Rajasthan.

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The District Supply Officer, Nagaur, Rajasthan.

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----Respondents

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(3) S.B. Civil Writ Petition No. 209/2022

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Lala Ram S/o Shri Likhama Ram, Aged About 34 Years, By Caste Jat, R/o Village Bijapura, Gram Panchayat Maharajpura, Tehsil Nawa, District Nagaur, Rajasthan.

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Bhopal S/o Shri Tulsidas Swami, Aged About 59 Years, By Caste Jat, R/o Birda Maharajpura, Tehsil Nawa, District Nagaur, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through The District Collector, Nagaur, Rajasthan.

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(2 of 3)

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[CW-18062/2021]

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The District Supply Officer, Nagaur, Rajasthan.

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----Respondents

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(4) S.B. Civil Writ Petition No. 245/2022

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Jalam Chand S/o Sugan Chand, Aged About 57 Years, Daymo Ka Mohalla, Gotan, District Nagaur, Rajasthan.

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Kailash Chand S/o Banshi Lal, Aged About 50 Years, By Caste Brahmin, R/o Sikhwalo Ki Gali, Gotan, District Nagaur, Rajasthan.

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Swaroop Ram S/o Narayan Ram, Aged About 50 Years, By Caste Brahmin, R/o Village Gotan, District Nagaur.

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Ram Lal Khokhar S/o Bhanwar Lal Khokhar, Aged About 41 Years, By Caste Jat, Khokharon Ka Bas, Gotan, District Nagaur, Rajasthan.

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Rewant Ram S/o Bheru Lal, Aged About 44 Years, By Caste Brahmin, Near Railway Fatak, Talanpur Road, Gotan, District Nagaur, Rajasthan.

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Bhagirath S/o Sugan Chand, Aged About 40 Years, By Caste Brahmin, R/o Daymo Ka Mohalla, Gotan, District Nagaur, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through The District Collector, Nagaur, Rajasthan.

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The District Supply Officer, Nagaur, Rajasthan. ----Respondents

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For Petitioner(s) : Mr. Manish Patel For Respondent(s) : Mr. Dinesh Jain

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----Respondents

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JUSTICE DINESH MEHTA

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Order

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10/02/2022

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Mr. Manish Patel, learned counsel for the petitioners, submitted that the issue involved in the present writ petitions is squarely covered by the judgment dated 10.12.2012, passed by

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(3 of 3)

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[CW-18062/2021]

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Jaipur Bench of this Court in S.B. Civil Writ Petition No.11913/2012 (Siyaram Meena Vs. State & Ors.).

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Mr. Jain, learned counsel for the respondents, is not in a position to dispute the aforesaid position of fact and law. 3. In the case of Siyaram Meena (supra), this Court has held

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thus:-

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“ Consequently, I would dispose of the writ petition with the direction that until 500 ration cards are attached to Fair Price Shop being run by the petitioner, no other new Fair Price shop in the area be allotted to any other person. Thereafter the respondents shall be free to allot new Fair Price Shops in the area where the petitioner is operating. ”

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The present writ petitions are also disposed of in light of the aforesaid judgment and it is directed that until number of ration cards attached to the petitioners’ fair price shops exceed 500, no new Fair Price Shop shall be allotted. If the number of ration cards exceed 500, then the respondents shall be free to allot license for new Fair Price Shops in the areas where the petitioners are operating.

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The stay applications also stand disposed.

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(DINESH MEHTA),J

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80-83-skm/-

Jalam Chand v. State of Rajasthan

Case brief

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Jalam Chand v. State of Rajasthan

Case brief

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