Dismissed

Mohini Devi Self Help Group v. State of Rajasthan

Rajasthan HC11 Nov 2024CW/2558/2019

Case brief

AI extract

What is this about?

Petitioner challenged attachment of fair price shop. Court dismissed petition, noting alternative remedy, but granted liberty to appeal within one month, directing authorities to decide within three months while interim relief continued.

What did the court decide?

Liberty granted to file statutory appeal within one month; interim order dated 01.02.2019 continued pending appeal.

Mohini Devi Self Help Group Vs State of Rajasthan — Consumer Protection | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2558/2019

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Mohini Devi Self Help Group through its Secretary Smt. Guddi Devi D/o Sh. Ramkishore Jangir, aged about 42 years, R/o Village Natala, Tehsil Jamwaramgarh, District

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----Petitioner

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Versus

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State of Rajasthan through its Secretary Food and Civil Supplies Department, Jaipur.

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The District Supply Officer, Jaipur-II, Collectorate Office, Banipark, Jaipur District Jaipur.

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----Respondent

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For Petitioner(s) : None present For Respondent(s) : Ms. Abhilasha Vaishnav for Mr. Lokendra Singh Rao, Dy.GC

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JUSTICE ANOOP KUMAR DHAND

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Order

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11/11/2024

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By way of filing of this writ petition, the petitioner has challenged the order dated 26.12.2018 by which the attachment order of the fair price shop run by the petitioner has been passed. 2. At the outset, learned counsel for the respondents has taken objection about the maintainability of this petition. Counsel submits that the petitioner has alternative remedy of filing statutory appeal before the Appellate Authority, but without availing the said remedy, the petitioner has approached this Court, hence, this petition is not maintainable.

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Considering the arguments put forward by the learned counsel for the respondents and looking to the fact that the petitioner has alternative remedy of filing appeal before the Appellate Authority, but by passing the jurisdiction of the said

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[CW-2558/2019]

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(2 of 2)

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Authority, the petitioner has approached this Court by way of filing of this petition, the instant writ petition stands disposed of granting liberty to the petitioner to file statutory appeal against the impugned order before the statutory Appellate Authority.

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In case, such appeal is submitted by the petitioner within a period of one month from today, it is expected from the Appellate Authority to decide the said appeal expeditiously, as early as possible, within a period of three months thereafter.

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Till four months, the interim order dated 01.02.2019 passed in favour of the petitioner shall continue.

¶20

The stay application and all pending applications, if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

¶22

Ashu/123

Mohini Devi Self Help Group v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohini Devi Self Help Group v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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