JAI BIJASANBEROJGAR SAKH SAHKARI Vs. SHANKARLAL SINGHADE

JUDGEMENT

(1.) The petitioner alongwith several others filed the Writ Petition No.6457/2010 on the solitary ground that the petitioner had been running a fair price shop in a rural area and in the Madhya Pradesh Public Distribution System (Control) Order dated 3.11.2009, a Clause (6) was inserted whereby fair price shops were to be allotted only to certain category of societies. Due to this, several petitions had been filed to challenge that condition. This Court granted an interim order that the petitioners would be permitted to run their fair price shops and no coercive action would be taken against them on the basis of the said Control Order. Thereafter, a show cause notice dated 17.6.2011 was issued alleging certain irregularities committed by the petitioner and the licence of fair price shop was suspended only to mean that the fair price shop of the petitioner would not be disturbed merely because of the aforesaid Clause (6) of the Control Order of 2009.

(2.) The fair price shop of the petitioner has not been disturbed on the aforesaid ground and therefore it cannot be said that the interim order of this Court has been deliberately violated by the respondents. Learned counsel for the petitioner alleges malafide which does not appeal to us because the Control Order of 2009 was not issued only to effect the petitioner; it was a general order by way of policy decision. It is not the case of the petitioner that all persons who had filed writ petitions and obtained interim order by this Court have been subjected to cancellation of their licences.

(3.) In our opinion, the interim order of this Court did not mean that the petitioner's licence should be continued for all times to come even if the petitioner commits any irregularity.