LAXMANBHAI RAMSWARUP AGRAWAL Vs. STATE OF GUJARAT SERVED

JUDGEMENT

(1.) HEARD Shri B. S. Brahmbhatt, learned counsel appearing for the petitioner; Ms. D. S. Pandit, learned Assistant Government Pleader, appearing on behalf of the respondent-State and Shri N. C. Thakkar, learned counsel appearing for the respondent no. 3.

(2.) INVOKING jurisdiction of this Court under Articles 226 of the Constitution of India, the petitioner has prayed for issuance of appropriate writ, order or direction, quashing and setting aside the order dated 14th August 2006 passed by the respondent no. 1 in favour of the respondent no. 3 herein; and for upholding the order granting licence to run the fair price shop passed in favour of the petitioner; mainly in terms of Clause (B) of paragraph no. 9 of the petition. For the sake of brevity and convenience, the said relief Clause (B) reads as under :

(3.) IT is the say of the petitioner that the respondent no. 1-State has decided to issue licence to run fair price shop under the scheme of 'pandit Dindayal Grahak Bhandar' in the Chandkheda area of Ahmedabad. In pursuance of the same, an advertisement was also published in the daily newspaper 'gandhinagar Samachar' and about seven candidates have applied for obtaining licence to run the said fair price shop. Ultimately, after scrutiny, the respondent no. 2-Collector found that the petitioner is entitled to be given licence to run the fair price shop under the said scheme. The said order passed by the respondent no. 2 was challenged by the respondent no. 3 herein by way of an appeal before the respondent no. 1 i. e. the Appellate Authority; and the respondent no. 1 ultimately allowed the appeal and decided that the respondent no. 3 is more meritorious and entitled for licence to run the fair price shop. The respondent no. 1 ultimately reversed the order passed by the respondent no. 2 granting licence to the petitioner.