CHUDHARI RAJESHBHAI BHULABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the request of the learned advocates for the parties, the matter is taken up for final disposal. The present is the petition which is filed seeking the relief that order dated 3rd January 2006 passed by respondent no.1-State of Gujarat-Secretary, Food and Civil Supplies Department, a copy of which is at Annexure 'C' in Appeal No.25 of 2005. The authority was pleased to allow the appeal after quashing order dated 7th May 2005 passed by the Collector, Navsari, had alloted the fair price shop to Rajesh Bhulabhai Chaudhari (the present petitioner) at Village "Toralvera', Taluka Chikhali, District Navsari. The authority ordered allotment of fair price shop to respondent no.3-Gavit Chandrakant Natubhai.

(2.) The learned advocate for the petitioner submitted that the appellate authority, State of Gujarat has committed an error in quashing the order of the Collector dated 7th May 2005 by which the fair price shop was allotted in favour of the petitioner; and allotting the fair price shop to respondent no.3. The learned advocate for the petitioner submitted that it is true that the name of respondent no.3 was at serial no.1 in the merit list and the name of the petitioner was at serial no.3 of the merit list. He submitted that the Collector had not committed any error in following the recommendations of the District Supply Advisory Committee and allotting the shop to the petitioner, who was at serial no.3 in the merit list.

(3.) The respondent no.3 herein being aggrieved of the order of the Collector dated 7th May 2005 had preferred appeal before the appellate authority and had prayed for stay. The stay was declined by order dated 12th August 2005. Aggrieved of that the present respondent no.3 had approached this Court by filing Special Civil Application No.19568 of 2005, which was disposed of by order dated 27th September 2005. The Court was pleased to direct the authority to decide the pending appeal within four weeks from the date of receipt of writ of this Court.