Prasadi Meena vs State Of Raj And Anr on 29 October, 2013

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Rajasthan High Court
Prasadi Meena vs State Of Raj And Anr on 29 October, 2013
    

 
 
 

 IN THE HIGH COURT OF JUDICATURE FOR 
RAJASTHAN
BENCH AT JAIPUR.

O R D E R

S.B. CIVIL WRIT PETITION NO.19282/2013.
Prasadi Meena 
Versus
State of Rajasthan & Anr. 
Date of Order:-                                         October 29, 2013.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri Shashi Bhushan Gupta for the petitioner.
*****
BY THE COURT:-		

This writ petition has been filed against the order of cancellation of license of fair price shop on the ground of irregularities.

Argument of the learned counsel for the petitioner is that alternative remedy may not be a bar to directly entertain this writ petition because in this case, impugned order has been passed for the reasons of malafide by respondent No.2 at the instance of the Minister concerned. Learned counsel submitted that in cases where there is a complete infraction of principles of natural justice, despite alternative remedy, the writ petition may be entertained. Learned counsel cited number of orders passed by this Court, where similar writ petitions have been entertained.

Argument of malafide for that matter against the District Supply Officer may not be available now when already new elections of the Rajasthan Legislative Assembly are going to take place. Petitioner may file an appeal directly before the Commissioner, Food and Civil Supplies, Government of Rajasthan, who may consider and decide the same within three months. Pending appeal, license of the fair price shop in question may not be granted to any other person however, temporary distribution of the essential commodities may be continued through any other fair price shop dealer.

With that direction, the writ petition is disposed of.

(MOHAMMAD RAFIQ), J.

Anil/101
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.

Anil Goyal
Sr.PA cum JW

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