NIRMALA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel.

(2.) By this petition, the petitioner has challenged Annexure 2 Circular dated 22.01.2010 issued by Principal Secretary of Food and Civil Supplies Department of Government of Rajasthan whereby in pursuance of the Budget announcements made by the Hon'ble Chief Minister of the State in the Budget for the year 2009-10, the State Principal Secretary has laid down certain guidelines for allotment of fair price shops.

(3.) Learned Counsel for the petitioner, Mr. P.P. Choudhary submits that license was given to the petitioners under the Rajasthan Food Grains and Other Essential Articles (Regulation & Distribution) Order, 1976 vide Annexure 1 by the District Collector (supplies) Sriganganagar vide No. 747/2008 for the area of Gram Panchayat Dhaba Jhallar, Tehsil Suratgarh and similar licenses were given to other two petitioners also, whereas by the impugned Circular Annexure 2 dated 22.01.2010 the State Principal Secretary vide Clause 2 of the said circular has directed that the fair price shops allotted to 'Women Co-operative Societies and Lamps' which are already allotted such shops shall be maintained and in case of any vacancy for such allotment, it will be filled up by giving preference to such 'Women Co-operative Societies and Lamps'. In case, there is no vacancy the Government would make effort for creating new fair price shops or otherwise, the area of existing shops allotted by the Government will be divided into half portions and such remaining portions will be allotted to such new 'Women Co-operative Societies and Lamps'.