MANAGER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This intra court appeal is directed against order dated 17.7.18 passed by the learned Single Judge of this court whereby the writ petition preferred by the respondent no.5 questioning the legality of order dated 1.2.18 issued by the District Collector, Bikaner, cancelling the authorisation issued in his favour to operate a Fair Price Shop at village Kedali, Gram Panchayat, Bandhara, has been allowed, while giving liberty to the appellant herein to file an appeal against the order dated 14.7.16 with appropriate application seeking condonation of delay before the competent authority.

(2.) The facts relevant are that vide advertisement dated 3.3.15 issued by the Additional Food Commissioner, Department of Food and Civil Supply, Government of Rajasthan, the applications were invited for issuing authorisation under clause 3(1) of Rajasthan Foodgrains and Other Essential Articles (Regulations of Distribution) Order, 1976 (for short Order, 1976) to operate vacant and newly created Fair Price Shops. The appellant and the respondent no.5 applied for allotment of the Fair Price Shop at the location Kadali, Gram Panchayat, Bandhara. On the basis of the recommendation of Allotment Advisory Committee vide order dated 14.7.16 issued by the District Collector (Supply), Bikaner, the authorisation to operate the Fair Price Shop at Kadali was issued in favour of the respondent no.5. The respondent no.5 deposited the security as directed and accordingly authorisation was issued in his favour on 19.7.16, however, he was not issued the foodgrains and other articles for supply to the residents of the area. The representation was made by the respondent no.5 but to no avail. Later, vide order dated 1.2.18 taking into consideration the fact that as per guidelines dated 17.3.16 issued by the State Government, preference was required to be given to the Cooperative Society, the appellant herein, the authorisation issued in favour of the respondent no.5 was cancelled by the District Collector (Supply), Bikaner vide order dated 1.2.18 and the authorisation was directed to be issued in favour of the appellant herein. Aggrieved by the order passed by the District Collector(Supply) as aforesaid, the respondent no.5 preferred a writ petition before this court, which stands allowed by the learned Single Judge by order under appeal.

(3.) The learned Single Judge arrived at the finding that under the Order, 1976, the cancellation of authorisation by the District Collector (Supply) under clause 8 of Order, 1976, is permissible only in case where any provision of the Order, 1976 and condition of authorisation is contravened by an authorisation holder or his agent or servant or any other person acting on his behalf and therefore, the District Collector (Supply) was not justified in entertaining the application preferred for cancellation of authorisation issued in favour of the respondent no.5. The learned Single Judge observed that if aggrieved the appellant herein is at liberty to file an appeal against the order dated 14.7.16 with appropriate application before the competent authority.