TANK SAKIR MOHAMMED KARIMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.Udit D. Mehta, learned Assistant Government Pleader waives service of notices of Rule for respondents Nos.1 to 4. Respondent No.5 has been served, but has chosen not to appear before this Court, though notice for final disposal was issued on 17.12.2014.

(2.) THIS petition under Articles 226 and 227 of the Constitution of India has been preferred, interalia, challenging the order dated 02.09.2014, passed by respondent No.1, Deputy Secretary (Appeals), Food and Civil Supply Department (Appellate Authority), whereby, the matter has been remanded to respondent No.2, Collector, Vadodara.

(3.) BRIEFLY stated, the facts of the case are that a Notification dated 23.03.2011, came to be published by respondent No.2, calling for applications from interested and eligible persons to open shops on concessional rates. On 17.09.2011, the petitioner made an application for the allotment of a shop on concessional rates in the prescribed format. On the same day, respondent No.5 also made such an application. A total of three applications were received by respondent No.2. Along with the application, the prospective candidates were required to submit certain documents, including a Domicile Certificate in the prescribed format. According to the petitioner, the Domicile Certificate submitted by respondent No.5 was not in the prescribed format. By an order dated 29.09.2011, the shop on concessional rates was allotted to the petitioner by respondent No.2. The application of respondent No.5 was rejected by respondent No.2, by an order dated 25.10.2011, on the ground that the Domicile Certificate submitted by him was not in accordance with the guidelines in this regard and the prescribed format. Aggrieved by the rejection of his application, respondent No.5 preferred an appeal before respondent No.1. After hearing the parties and recording their submissions, respondent No.1 passed the impugned order dated 02.09.2014, remanding the matter to respondent No.2, on the ground that, as per the Government Resolution dated 29.03.2011, it is provided that a period of ten days is to be granted to a candidate, over and above the last date for receiving the applications, in order to submit proper documents in cases where the applications are incomplete. Such an opportunity was not granted to respondent No.5, by the Mamlatdar. Respondent No.1 directed respondent No.2 to grant an opportunity to respondent No.5 as per the said Government Resolution and take a fresh decision, thereafter.