NEERAJ KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Piyush Garg, learned counsel for the appellant-writ petitioner, Mr. C.S. Rawat, learned Addl. Chief Standing Counsel appearing for the State of Uttarakhand and Mr. T.P.S. Takuli, learned counsel for the second respondent and, with their consent, the Special Appeal is disposed of at the stage of admission.

(2.) The appellant herein was allotted a fair price shop license for distribution of essential commodities in Village Central Hope Town, Selaqui, Development Block Sahaspur, Dehradun district in the year 2001. The Gram Sabha passed a resolution on 17/6/2015 recommending cancellation of the license of the appellant-writ petition. The District Supply Officer passed the order on 19/6/2015 attaching the card holders of the appellant-writ petitioner's shop with another fair price shop dealer Mr. Parvesh Kumar. He also directed that allotment of the shop, to the second respondent, be considered. Aggrieved by the decision of the District Supply Officer dtd. 19/6/2015, the appellant-writ petitioner filed Writ Petition (M/S) No.1688 of 2015, which was dismissed as withdrawn with liberty to prefer an appeal against the order dtd. 19/6/2015.

(3.) The appellant-writ petitioner preferred an appeal to the Commission, Garhwal Division in Appeal No.09 of 2014-15 and, while an interim order was initially granted on 1/8/2015, the appeal preferred by the appellant-writ petitioner was allowed, and the matter was remanded to the District Supply Officer to consider the matter afresh. The District Supply Officer, thereafter, passed an order on 13/4/2016, which the appellant-writ petitioner questioned by way of Writ Petition (M/S) No.1305 of 2016, in so far as it related to the attachment of cards/unit holders, in the newly allotted fair price shop, to the second respondent. Initially, an interim order was passed by the learned Single Judge on 18/5/2016, which order continued to remain in force till the Writ Petition was dismissed by the order under appeal dtd. 1/4/2019. The learned Single Judge has, in the order under appeal, observed as under:-