Allowed

Ruplal v. State of Rajasthan

Rajasthan HC23 Jan 2023CW/1256/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the continued suspension of his fair price shop license beyond the 90-day limit prescribed under Clause 8(2) of the Rajasthan Food grains and Other Essential Articles (Regulation & Distribution) Order, 1976.

What did the court decide?

The respondent authorities are directed to resume the supply of essential commodities to the petitioner's fair price shop forthwith.

Ruplal Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 1256/2023

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Ruplal S/o Shri Vijay Kumar, Aged About 42 Years, R/o Village and Post Barjadiya, Tehsil Anandpuri, District Banswara (Raj.).

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----Petitioner

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Versus

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State of Rajasthan, Through The District Collector, Banswara (Raj.).

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The District Supply Officer, Banswara (Raj.). 3. The Sub Division Officer, Anandpuri, District Banswara (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Jaswant Singh Bhati

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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23/01/2023

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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 26.08.2022. It is submitted that as per Clause 8(2) of the Rajasthan Food grains 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.

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Learned counsel for the petitioner has placed reliance on decisions of this Court rendered in Khemraj Darji vs. State of Rajasthan & Ors., SBCWP No.16264/2017 decided on

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(2 of 2)

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[CW-1256/2023]

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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 license for running fair price shop came to an automatic end after expiry of 90 days from 26.08.2022 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.

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With the above observations and directions, the writ petition is allowed.

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Stay petition stands disposed of.

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(VINIT KUMAR MATHUR),J

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267-Shahenshah/-

Ruplal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ruplal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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