MAKWANA VALJI KHENGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms.Shruti Pathak, learned Assistant Government Pleader, waives service of notice of Rule for respondents Nos.1 to 4. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) THIS petition under Article226 of the Constitution of India has been preferred with a prayer for the issuance of a writ of mandamus, or any other writ or direction, quashing and setting aside the order dated 11.08.2014, passed by respondent No.3, Deputy Collector and District Supply Officer, whereby a fair price shop has been allotted to respondent No.5. The petitioner has also prayed that the respondents be directed to allot fair price shop after following the proper legal procedure, within the prescribed period of time.

(3.) THE brief facts of the case, as emerging from the memorandum of the petition are that, the petitioner is a resident of village Baladiya, Taluka Bhuj, District Kutch. As stated in the petition, he has been making applications for the grant of a licence to run a fair price shop in the said village, ever since 1994. The daughter of the petitioner, Jyotikaben, had applied for the allotment of a fair price shop in village Baladiya, under the Pandit Dindayal Upadhyay Scheme ("the Scheme", for short), in 2011. Her name figured at Serial No.1, in the Select List. However, the Selection Committee recommended the name of the candidate at Serial No.2. The District Supply Officer wrote to the Mamlatdar on 23.08.2012 (AnnexureA), that the nonconsideration of the candidates at Serial Nos.1 and 3 was not proper. The proposal was, therefore, sent back to the Mamlatdar. Thereafter, the daughter of the petitioner did not receive any intimation from the respondents. In the meanwhile, a fresh advertisement dated 04.03.2013, was published, for the allotment of a fair price shop in the same village. According to the petitioner, he made inquiries, during which the Government Resolution dated 23.04.2010 was supplied to him (AnnexureD).