BHABHLUBHAI JIVABHAI NAJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present petition under Article 226 of the Constitution of India, the petitioner challenges the order dated 2nd June 2007 passed by respondent No.1 in Appeal No.11 of 2005 filed by respondent No.4, wherein, the said appeal filed by respondent No.4 is allowed and she is granted the fair price shop [Pundit Din Dayal Grahak Bhandar] for the village Medi, Taluka & District Amreli.

(2.) IN pursuance of the public notice dated 11.9.2004, the petitioner and respondent No.4 applied for allotment of fair -price shop. By order dated 1st March 2004, the Collector allotted the fair -price shop to respondent No.4. The petitioner filed an appeal before the State of Gujarat challenging the order dated 1st March 2004 of the Collector, which was allowed on 20.7.2006 and the petitioner was allotted the fair -price shop. Respondent No.4 filed Special Civil Application No.18628 of 2006 before this Court wherein, by order dated 27.11.2006, the Court [Coram: D.N. Patel, J.) remanded the matter back to respondent No.1 on the ground that the respondent No.4 was not given enough opportunity of hearing. Thereafter, respondent No.1 passed the order dated 2nd June 2007, which is impugned in the present petition.

(3.) HEARD learned counsel for the petitioner and learned Assistant Government Pleader. Though served, none appears for respondent No.4, despite several opportunities were afforded.