Allowed

Gautam Lal Baranda v. State of Rajasthan

Rajasthan HC5 May 2023CW/4810/2023

Case brief

AI extract

What is this about?

The High Court held that a Fair Price Shop licence suspension lapses upon expiry of the 90-day statutory limit. The petitions were allowed, directing authorities to resume supply immediately but retaining power to conduct enquiries for alleged malpractices.

What did the court decide?

Directing the respondents to resume supply of essential commodities to the petitioner's fair price shop. Competent authority permitted to conduct necessary enquiry.

Gautam Lal Baranda Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJD/013711]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 4810/2023

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Gautam Lal Baranda S/o Velji Baranda, Aged About 55 Years, R/o Gadajasrajpur, Tehsil Galiyakot, District Dungarpur.

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----Petitioner

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Versus

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

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District Collector, Dungarpur.

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District Supply Officer, Dungarpur.

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Enforcement Inspector, District Supply Office, Dungarpur.

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----Respondents

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For Petitioner(s) : Mr. Rajesh Choudhary

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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05/05/2023

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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 19.01.2023 (Annexure-P/3) passed by District Supply Officer, Dungarpur , whereby the licence issued to the petitioner for running a fair price shop at Village Gadasarajpur, , Tehsil Galiyakot, District Dungarpur 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 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

[2023/RJJD/013711]

[CW-4810/2023]

(2 of 2)

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 19.01.2023 (Annexure-P/3) 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. All pending applications stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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82-Zeeshan

Gautam Lal Baranda v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gautam Lal Baranda v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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