RAJAN DOGRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) ACCORDING to the averments in this writ petition flied under Article 226 of the Constitution of India, a Resolution was passed by the Pradhan, Gram Sabha. Attenbagh. Tehsil Vikas Nagar, District Dehradun in a open meeting of the Gram Sabha requesting for allotment of a fair price shop in the name of the petitioner Rajan Dogra. The Supply Inspector conducted an enquiry and submitted a report to the District Supply Officer on 26 -10 -2004 recommending allotment of a fair price shop to the petitioner. By order dated 29 -12 -2004 the District Supply Officer, Dehradun fixed the quota of fair price shop of the petitioner and directed the petitioner to take the essential quota and distribute the food grains to the ration card holders. Thereafter, the petitioner started running the fair price shop. But all of a sudden on 19 -01 -2005, the District Supply Officer, Dehradun passed an order stopping the supply of food grains to the shop of the petitioner and the ration card holders attached to the shop of the petitioner were attached to another fair price shop. The residents of the locality agitated against the above action of the District Supply Officer and submitted a representation to the District Magistrate, Dehradun through Pradhan of the Gram Panchayat on 29 -01 -2005 requesting the District Magistrate to continue the supply of food grains to the fair price shop of the petitioner. The Gram Pradhan himself sent a letter dated 31 -01 -2005 to the District Magistrate, Dehradun requesting him to take necessary action in the matter taking Into consideration the difficulties of the' public at large. Thereupon, by an order dated 02 -02 -2005, The District Supply Officer stayed his earlier order dated 19 -01 -2005 and directed the petitioner to take the necessary food grains and distribute the same among the ration card holders of the locality. Accordingly, the petitioner again started running the fair price shop. But on 26 -02 -2005 the District Supply Officer passed another order stopping the supply of food grains to the fair price shop of the petitioner and attaching the ration card holders to another shop. A copy of the said order dated 26 -022005 has been produced as Annexure 10 to the writ petition. As per Annexure 10 Order, the said order was passed by the District Supply Officer on the basis of an order dated 23 -02 -2005 of the District Magistrate, Dehradun. No other reason was stated in the order of the District Supply Officer. Aggrieved by the above action of the District Magistrate and the District Supply Officer, the petitioner filed this writ petition praying for quashing Annexure 10 Order dated 26 -02 -2005 of the District Supply Officer, Dehradun.

(2.) BY an interim order dated 22 -03 -2005, the operation of Annexure 10 Order and the order dated 23 -02 -2005 passed by the second respondent District Magistrate was stayed by this Court. On the basis of the said interim order, the petitioner has been running the fair price shop.

(3.) A counter affidavit has been filed on behalf of respondent No. 2 and 3 by the District Supply Officer, Dehradun. According to the averments in the counter affidavit, some complaints were received from the villagers by the Minister for Food and Civil Supplies against the allotment of the fair price shop in the name of the petitioner. It was alleged that the Resolution requesting to allot a fair price shop in the name of the petitioner was not passed in an open meeting of the Gram Sabha. The Minister directed the District Magistrate to enquire into the matter. In the enquiry, it was revealed that the allotment of fair price shop to the petitioner was against the provisions of a Government Order dated 03 -071990 and as such, the District Magistrate passed an order on 23 -02 -2005 on the official file directing the District Supply Officer to suspend the supply to the petitioner's shop and to attach the ration card holders to fair price shop of M/s Kisan Seva Sahkari Samiti. The order dated 23 -02 -2005 of the District Magistrate has been produced as Annexure No. CA3 to the counter affidavit. It is also stated in the counter affidavit that as per the Government Order dated 03 -071990, a fair price shop can be opened in a Gram Sabha only on the basis of a decision taken in an open meeting. It is also contended that against the impugned order passed by the District Magistrate, an appeal shall lie to the Divisional Commissioner, but no such appeal has been filed by the petitioner.