KAILASH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners have filed the present petition under Article 226 of the Constitution of India, challenging the action of the respondent No.3 in issuing the advertisement dated 03.03.2015 inviting applications for the grant of authorizations for running the fair price shops in the areas mentioned therein under the provisions contained in Rajasthan Food Grains and other material (Regulation of Distribution) Order, 1976 (hereinafter referred to as "the Control Order of 1976"). The petitioners have also sought direction against the respondents for not proceeding further with the re -allotment of the said price shops pursuant to the said advertisement.

(2.) IT is the case of the petitioners that they are fair price shops holders authorized to run fair price shops in the Tehsil Rajgarh District Alwar and each of them have approximately 500 to 600 ration cards holders attached to their respective shops. According to them, their authorization to run the fair price shops was granted under the provisions contained in the Control Order of 1976 and the said authorization could not be suspended or cancelled except under the Clause 8 of the said Order. It is also the case of the petitioners that as per the policy of the State Government, on an average, each fair price shop should have 500 ration cards or 2000 units as per the letter dated 07.04.2010 (Annexure -3), however the respondent No.3 has issued the advertisement dated 03.03.2015 inviting the applications from the persons desirous to have authorization to run the fair price shop in the areas mentioned therein, including the area where the fair price shops of the petitioners are situated. The petitioners apprehend that on account of allotment of new fair price shops pursuant to the said advertisement in question, number of ration card holders attached to their respective shops would be reduced and it would not be viable for them to run their fair price shops.

(3.) THE learned counsel Mr. Gajendra Singh Rathore for the petitioners, relying upon the recommendations made by the Justice Wadhwa Committee on Public Distribution System, has submitted that as observed in the said report each fair price shop should have 500 to 1000 cards. He further submitted that a fair price shop less than 500 ration cards is not viable and as per the policy of the State Government itself, minimum 500 ration cards are necessary to be attached to a fair price shop, for which dealer has been authorized. Mr. Gajendra Singh Rathore also submitted that in similar petition, the Coordinate Bench has observed and directed the respondents to ensure that 500 ration cards in respect of the fair price shops are maintained.