Allowed

Jyoti Kanwar v. State of Rajasthan

Rajasthan HC2 May 2023CW/503/2021

Case brief

AI extract

What is this about?

The petitioner challenged the continued suspension of her fair price shop license. The court held that the suspension automatically expired after 90 days based on a coordinate bench judgment. The petition was allowed, and the shop owner was directed to resume operations.

What did the court decide?

The suspension of the fair price shop visa esterea rendered inoperative and the petitioner is permitted to run the shop in accordance with law.

Jyoti Kanwar Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023/RJJD/013024]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 503/2021

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Jyoti Kanwar D/o Prithvipal Singh, Aged About 28 Years, R/o Village Singoli, Tehsil Mandalgarh, District Bhilwara (Raj.)

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----Petitioner

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Versus

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

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The District Supply Officer, Bhilwara, Rajasthan.

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Sub Divisional Officer, Mandalgarh, District Bhilwara.

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----Respondents

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For Petitioner(s) : Mr. Paramveer Singh For Respondent(s) : Mr. Dinesh Jain

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HON'BLE DR. JUSTICE NUPUR BHATI

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Order

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02/05/2023

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1. The petitioner’s license to run fair price shop was suspended vide order dated 04.01.2021. Mr. Paramveer Singh, learned counsel for the petitioner submits that the period of more than 90 days has since lapsed and the validity of the suspension has therefore expired.

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2. In support of his contention, learned counsel relies upon a judgment dated 10.05.2018 passed by a Co-ordinate bench of this Court in the case of Khemraj Darji Vs. State of Rajasthan and Ors. In case of Khemraj Darji (supra), this Court has held:

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“In view of this legal position, the suspension of the petitioner’s licence of fair price shop came an automatic end on 24.10.2017. As a direct consequence thereof, the adamancy of the authoritites in refusing to supply the

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[2023/RJJD/013024]

[CW-503/2021]

essential commodities/ ration materials to the petitioner’s shop is absolutely unjustifiable. It is manifest that once the suspension order had come to an end automatically upon expiry of 90 days, there cannot be any justification for the respondents in refusing to resume the supply of essential commodities/ ration materials to the petitioner’s fair price shop. Thus, the officers of the Civil Supply Department 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 expeditious inquiry into the allegations of malpractices attributed to the petitioner and pass appropriate order after conclusion thereof as per law.

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With these observations and directions, the writ petition is allowed. Stay application is disposed of.”

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3. Mr. Dinesh Jain, is not in a position to dispute the aforesaid portion of facts and law.

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4. The writ petition is, therefore, allowed. It is declared that the suspension of the petitioner’s fair price shop which was effected pursuant to order dated 04.01.2021, has been rendered inoperative by efflux of time.

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5. The respondents are directed to permit the petitioner to run his fair price shop in accordance with law.

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6. Observation made in Khemraj Darji (supra) shall be mutatis mutandis applicable in the present case as well.

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7. Stay application also stands disposed of accordingly.

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(DR. NUPUR BHATI),J

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surabhii/83-

Jyoti Kanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jyoti Kanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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