BAGMAL JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The appellant/writ-petitioner's challenge to the validity of sub-clause (1) of Clause 3 of the notification dated 21.2.1998 issued under the Rajasthan Foodgrain and Other Essential Articles (Regulation of Distribution) Order, 1976 (for short, hereinafter referred to as "the Order") having been negated, he is before this Court seeking redress.

(3.) The appellant/writ-petitioner had been operating his fair price shop on the basis of authorization under the Order since the year 1984. He contested the panchayat elections and was elected as a member of the Panchayat Samiti Gangrar on 8.2.2005. Thereafter, the District Supply Officer, Chittorgarh by notice dated 26.2.2005 solicited information from him as to whether he would continue to operate the fair price shop by offering his resignation to the post of the member of the said Panchayat Samiti. According to the appellant/ writ-petitioner, it was then that he came to learn that by the impugned notification, a proviso as quoted hereinbelow had been added to Clause 3(1) of the Order:-