RITABEN N CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr Krunal Pandya, learned Assistant Government Pleader waives service of Rule for respondents nos.1 to 3 and 5. Mr A.M.Parekh waives service of Rule for respondent No.4. At the request of the learned advocates for the parties, the matter is taken up for final hearing today itself.

(2.) THE petitioner applied for grant of licence to run fair -price shop under the Scheme known as Pandit Din Dayal Grahak Bhandar Yojana. After the marriage of the petitioner, the petitioner was granted licence by the Collector, respondent No.5 on 8.12.2005. Respondent No.4 who was also in the run challenged the said decision of the Collector in appeal before respondent No.1. The said appeal was allowed by respondent No.1 by order dated 14th April 2006. Hence, this petition.

(3.) THE main ground in this petition is that respondent No.1 has failed to consider the fact that the petitioner was ordinary resident of village Kolavada and that she was staying there since her birth. It is the say of the petitioner that she got married but instead of her going to husband's place, her husband started residing with her at village Kolavada. Therefore, she continued to be the local resident of village Kolavada. However, this fact has not been considered properly by respondent No.1 and a conclusion is drawn that she had ceased to be local resident of Kolavada and therefore her allotment has been cancelled.