PROGRESSIVE VIVIDH KARYAKARI SAHAKARI SEVA SOCIETY LTD ; CHINCHINIM SARZORA VRVIDH KARYAKARI SAHAKARI SEVA SOCIETY LTD Vs. STATE OF GOA AND ORS

JUDGEMENT

(1.) These two petitions can be conveniently disposed of by a common judgment as they challenge one and the same order and seek a writ of certiorari or appropriate writ or direction for quashing and setting aside the order of allotment, of a new fair price shop in favour of respondent No. 4. The petitioners also seek a writ of prohibition prohibiting the respondent No. 1 to 3 from implementing the decision of allotment made in favour of respondent No. 4 and a writ of mandamus commanding the respondents No. 1 to 2 to allot the fair price shop to the petitioners.

(2.) Having regard to the controversy involved in these petitions the undisputed facts are that both the petitioners in the two petitions are Co-operative Societies, registered under the Maharashtra Co-operative Societies Act, 1960 as applied to the State of Goa. The area of operation of the petitioners societies are restricted to the village of Chinchinim, Salcete Taluka. The petitioner in Writ Petition No. 110/88 has been running a fair price shop being shop No. 53 in the village of Chinchinim, since the year 1974 and petitioner in Writ Petition No. 113/88 runs shop No. 26 since 1965 under two different authorisations issued by the Administration of Goa under section 3 of the Goa, Daman and Diu controlled Commodities (Regulation and Distribution) Order, 1966. Both petitioners-Societies received notice datd 20th June, 1986 from the Sub-Inspector, Civil Supplies and Price Control,Margao, Goa saying that instructions have been received from the Government that it has been decided to open fair price shops in Chinchinim after bifurcating a sizable number of ration cards allotted to the two petitioners/societies for the convenience of the card holders.

(3.) A notice was accordingly displayed in the office of the talathi inviting applicationsfrom the categories of institutions/persons viz..(1) Co-operative Societies, (2) Educated unemployed, (3) Freedom Fighters, (4) Scheduled Cast/Scheduled Tribes, (5) Ex-Servicemen and (6) Physically handicapped. The applicants falling under any of the categories were supposed to submit their applications on or before 15th July, 1986 giving full biodata with p iculars of the location (premises), financial capacity, experience, etc.