MADANLAL KHATIK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant at the admission stage.

(2.) The defects pointed out by the office are waived. By way of this intra Court appeal, appellant-petitioner has challenged the order of the learned Single judge dated 4.5.2009 passed in S.B. Civil Writ Petition No. 3970/2009.

(3.) The brief facts of the case are that the appellant-petitioner, who had been granted authorisation as fair price shopkeeper, under the Rajasthan Food Grains and Other Essential Articles (Regulation of Distribution) Order, 1976, was served with a show cause notice on 6.8.2005 by the District Supply Officer, Bhilwara pointing out that in the inspection carried out on 11.8.2004, several irregularities were found. The petitioner was informed that his acts and omissions were violative of conditions No. 5, 11 and 14 of the authorization. The authorisation of the petitioner was cancelled on the allegations of substantial irregularities, including his failing to account for 135.95 quintals of wheat. In these circumstances, the appellant-petitioner filed the above writ petition, for restoration of his authorisation as fair price shopkeeper. The learned Single Judge, vide order dated 4.5.2009, rejected the writ petition holding that the writ petition suffers from gross delay and laches, inasmuch as the authorisation was cancelled as back as on 27.9.2005 and the appellant-petitioner made a request for restoration of authorisation only on 18.1.2008 and thereafter chose to file writ petition only on 23.3.2009. Aggrieved by the above order of the learned Single Judge, the appellant-petitioner has preferred this intra Court appeal.