LAWS(GJH)-2007-8-93

RAJESH V RATHOD Vs. STATE OF GUJARAT

Decided On August 02, 2007
RAJESH V RATHOD Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) RULE. Mr. Neeraj Soni learned A.G.P., waives service of rule on behalf of respondent no. 1. At the request of learned advocates for the respective parties, the matter is taken up for final hearing today itself.

(2.) The petitioner has challenged the order passed by respondent no. 1 dated 29th January, 2007 in Appeal No. 246/2005, whereby respondent no. 1 has confirmed the order passed by respondent no. 2 dated 27th October, 2005, whereby, he granted fair price shop in favour of respondent no. 3. The petitioner had applied for allotment of fair price shop in pursuance of the advertisement dated 6th February, 2005. It is the say of the petitioner that in accordance with the requirements, necessary documents were placed along with the application. However, ultimately, it was respondent no. 3 who was selected for the allotment by respondent no. 2, completely ignoring the claim of the petitioner without any valid reasons for it. He, therefore, challenged the order of respondent no. 2 in appeal, but the same has been dismissed by respondent no. 1 by the aforesaid order. Hence, this petition.

(3.) I have closely perused the record of the petition. I have also heard the learned advocates for the respective parties. According to Mr. Prajapati learned advocate for the petitioner, both the impugned orders have been passed on different grounds. According to him, the claim of the petitioner for allotment is in accordance with the requirements of the scheme known as Pandit Dindayal Grahak Bhandar. The petitioner has contended that he is the local resident of Naroda. He is also having shop and he is educated unemployed person. He, therefore, deserves to have allotment of fair price shop. According to him, respondent no. 3 is not a local resident of the place. Mr. Soni learned A.G.P., has however, opposed the petition and has submitted that the order of respondent no. 1 is just and proper.