ABDUL HAMEED BHAT Vs. STATE AND OTHERS

JUDGEMENT

(1.) By the medium of these writ petitions, the petitioners have sought the indulgence of this Court in quashing the Government order bearing No. 346-FCS& CA of 2017 dated 14-08-2017 (Annexure-E) with a further prayer of directing the respondents to provide preferential treatment to the petitioner in OWP 1290/2017 or his son while allotting the Fair Price Shop for distribution of ration to the consumers/villagers for the reason that he has provided free accommodation to them for running of the Retail Sale Outlet with further prayer to accommodate him or his son for adjustment in the Department in lieu of providing free accommodation to them for running the said retail shop. The petitioner in OWP 2176/2017 has prayed for a direction commanding the respondents to consider the case for grant of license for running of a Fair Price Shop at C.D.Pora, Badgam, in his favour.

(2.) The brief facts, necessary for determination of these petitions, are that the petitioner - Abdul Hameed Bhat, along with the residents of the village Chitroo, Dangerpora, Badgam, approached the respondents for opening of a Fair Price Shop or a Retail Sale Outlet for distribution of ration in the said village. The request of the villagers found favour with the respondents, who sanctioned opening of a Retail Sale Outlet. The said petitioner provided the required accommodation for the purpose without charging any rent. It is stated that the outlet is running in the said accommodation from the last 17 years in the space provided by the said petitioner. He has further stated that in order to compensate the loss, which he has incurred because of providing rent free accommodation to the respondents, assurances were given to him by the respondents that he will be either allotted a new Fair Price Shop or he will be considered for adjustment in the respondent Department on some available vacancy. He has stated further that instead of honoring their own commitment, the respondents have come up with an order, which has the effect of allotting the Fair Price Shop license to the private respondent, namely Javed Ahmad Wani, which is totally in violation of the Government Order No. 127-FCS&CA of 2016 dated 24-08-2016 and the guidelines made thereunder, by virtue of which, sanction has been accorded to the formulation of Revised Norms/Guidelines regarding opening of Fair Price Shops on commission basis and the first guideline whereof provides that the existing Fair Price Shop holder shall retain more RTs if there is no feasibility of opening a second Fair Price Shop. The petitioner - Abdul Hameed Bhat, has stated further that the allotment order favouring the private respondent is not only illegal and arbitrary but also in violation of the his rights and legitimate interests. He has, therefore, sought intervention of this Court for the grant of the aforesaid reliefs.

(3.) The petitioner in the clubbed writ petition (OWP 2176/2017) has stated that the Government order, in terms of which the Fair Price Shop has been allotted to the private respondent No.4, is in violation of the Govt. Order No. 127-FCS & CA of 2016 dated 24-08-2016 and the guidelines laid thereunder. He has further stated that the allotment made in favour of the private respondent is illegal, arbitrary and in violation of his legitimate interests and rights, inasmuch as, he has filed the application form in the first instance and the private respondent has approached the respondents after him. The petitioner has, therefore, prayed that the writ petition be allowed and the reliefs sought therein be granted in his favour.