UMER JAN BEIGH Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has challenged order No.156-DCAPDK of 2014 dtd. 6/3/2014, issued by respondent No.2, whereby licence for running a Fair Price Shop in favour of one Mudasir Nazir has been cancelled and, in his place, sanction has been accorded to grant of Fair Price Shop licence at Khrewan Lasipora, Kulgam, in favour of respondent No.8.

(2.) According to the petitioner, the official respondents vide order No.370-DCAPD of 2003 dtd. 17/10/2003, accorded sanction for grant of dealership on commission basis in favour of one Mudasir Nazir to cater to the consumers of Khrewan Lasipora. It is submitted that said Mudasir Nazir later on took up employment in J&K Police and transferred the dealership of Fair Price Shop in favour of respondent No.8 in terms of impugned order dtd. 6/3/2014 (supra). It is submitted that feeling aggrieved of the aforesaid order, the petitioner approached respondent No.2 with an application for conducting investigation into illegal transfer of dealership of Fair Price Shop in favour of respondent No.8 and on the basis of said application, respondent No.6 was directed to furnish factual report in this regard.

(3.) It has been submitted by the petitioner that he had applied for grant of licence for running Fair Price Shop at Khrewan Lasipora locality vide his application dtd. 9/11/2016 and a feasibility report dtd. 17/11/2016 has been submitted by respondent No.7 in this regard. It is also submitted that Auqaf Committee, Lassipora has issued a No Objection Certificate in favour of the petitioner. No Demand Certificates from other authorities have also been submitted by the petitioner with the respondents.