PAGI JEGINGBHAI ZALABHAI Vs. COLLECTOR CIVIL SUPPLY DEPARTMENT

JUDGEMENT

(1.) Rule. Mr. Rashesh A. Rindani, learned Assistant Government Pleader, waives service of Notice of Rule for respondents Nos.1 and 2. Mr. H.R. Prajapati, learned Advocate, waives service of Notice of Rule for respondent No.3. On the facts and in the circumstances of the case, and with the consent of the learned Advocates for the respective parties, the petition is being heard and finally decided, today.

(2.) By preferring this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 25.03.2011, made by the State Government whereby the order dated 27.10.2010, passed by the Collector has been set aside.

(3.) Briefly stated, the facts of the case are that the petitioner, who belongs to the O.B.C. Category, submitted an application in May, 2008, for allotment of a Government Fair Price Shop, pursuant to publication of Notification dated 19.04.2008. Respondent No.3, who belongs to the Open (Unreserved) Category, also made an application on 08.05.2008. As per the Notification, the Fair Price Shop was to be allotted to a candidate belonging to the Open (Unreserved) Category. By order dated 03.12.2008, respondent No.1 -Collector made an order allotting the Fair Price Shop to the petitioner. Aggrieved by this order, respondent No.3 challenged the same by filing an appeal to the State Government, which was numbered as Appeal No.65 of 2008. By order dated 06.05.2010, the appeal was partly -allowed and the matter was remanded to the Collector for fresh decision. The ground for remand was that the Collector had not taken into consideration the corrected marksheet of respondent No.3, which was available on record at the time of making the allotment order. After hearing the parties afresh, the Collector passed order dated 27.10.2010, maintaining his earlier decision of allotment of the Fair Price Shop in favour of the petitioner. This order was challenged by respondent No.3 before the State Government, by filing Appeal No.81 of 2010. By order dated 25.03.2011, the appeal of respondent No.3 has been allowed, and the order dated 27.10.2010, made by the Collector has been set aside, directing the Collector to carry out necessary proceedings regarding allotment of the Fair Price Shop in favour of respondent No.3.