All India Fair Price Shop Dealers Federation Vs… — Writ and Judicial Review | Rajasthan HC (2025)

All India Fair Price Shop Dealers Federation Vs… — Writ and Judicial Review | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Application allowed: order dated 18.09.2025 rectified so that respondent No.3, instead of respondent No.2, carries out its directions (consideration of the petitioner's representation); remaining content of the original order unchanged and the present order treated as part and parcel of it; respondent No.3 to comply within thirty days.

Issue for consideration

Whether the order dated 18.09.2025, which directed respondent No.2 to consider the petitioner's representation, should be rectified so that respondent No.3 considers the representation instead, given that respondent No.2's post is not operational.

Court's answer

The order dated 18.09.2025 is rectified: instead of respondent No.2, respondent No.3 is directed to carry out the directions spelled out therein.

Ratio / Principle

No modification is made to the remaining content of the order dated 18.09.2025, and the present order is to be treated as part and parcel of that order.

Key takeaways

Respondent No.3 is directed to comply with the directions spelled out in the order dated 18.09.2025 within thirty days from the date of passing of this order.ratio¶25

Detailed headnote1 paragraphs

S.B. Writ Miscellaneous Application No. 430/2025, High Court of Judicature for Rajasthan, Bench at Jaipur (Sameer Jain, J.; decided 27/10/2025). An application under Article 226 of the Constitution of India was moved by the All India Fair Price Shop Dealers Federation, Rajasthan, Tehsil Unit Chomu, for modifying/rectifying the order dated 18.09.2025, which had directed respondent No.2 (Additional Food Secretary) to consider the petitioner's representation. Counsel for the applicant submitted that respondent No.2's post was not operational and that respondent No.3 (Additional Food Commissioner) should instead consider the representation; learned counsel for the non-applicants fairly conceded. The Court accordingly rectified the order dated 18.09.2025, substituting respondent No.3 for respondent No.2 to carry out the directions spelled out therein, expressly leaving the remaining content of that order unmodified and treating the present order as part and parcel of it, and directed respondent No.3 to comply within thirty days from the date of the order.

[2025:RJ-JP:43179]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Writ Miscellaneous Application No. 430/2025

All India Fair Price Shop Dealers Federation, Rajasthan, Tehsil Unit Chomu Through Its Tehsil President Mukesh Kumar Sharma S/o Prabhu Dayal Sharma, Aged About 50 Years, R/o Village And Post Barwada, Tehsil Chomu, District Jaipur.

----Applicant

Versus

The State Of Rajasthan, Through Principal Secretary, Food And Civil Supply Department, Secretariat, Rajasthan, Jaipur.

The Additional Food Secretary, Food And Civil Supply Department, Secretariat, Rajasthan, Jaipur.

The Additional Food Commissioner, Food And Civil Supply Department, Secretariat, Rajasthan, Jaipur.

The District Collector (Supply), Collectorate, Banipark, Jaipur. 5. The District Supply Officer-I, District Supply Office, Collectorate, Banipark, Jaipur.

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

Manager (Civil Supply), Rajasthan State Food And Civil Supply Corporation, Collectorate Premises, Jaipur City, Jaipur.

----Non-Applicants

For Applicant(s)	: Ms. Mr.	Swati Sharma with Prince Choudhary for
	Mr.	Subhash Sharma
For Non-Applicant(s)	: Mr.	Prashant Vijay for
	Mr.	Lokendra Singh Rao,Dy.GC

HON'BLE MR. JUSTICE SAMEER JAIN

Order

27/10/2025

An application under Article 226 of the Constitution of India is moved for modifying/ rectifying the order dated 18.09.2025.

Learned counsel for the applicant submits that vide order dated 18.09.2025 it was directed that respondent No.2 shall consider the

(2 of 2) [WMAP-430/2025]

[2025:RJ-JP:43179]

representation of the petitioner, however, as the said post is not operational as on date, it may be directed that the said representation shall be considered by respondent no. 3.

Learned counsel for the non-applicants has fairly conceded with the aforementioned.

In light of the above, the order dated 18.09.2025 to be rectified, and instead of respondent No.2, respondent No.3 is directed to carry out the directions as spelled out therein. It is made clear that no modification is made to the remaining content of order dated 18.09.2025 and the present order shall be treated as part and parcel of the same.

Respondent No.3 is directed to comply with the directions spelled out in order dated 18.09.2025, within a period of thirty days from the date of passing of this order.

(SAMEER JAIN),J

DEEPAK/s-153