Rohit Kumar vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

According to the petitioner, his father was granted a licence for running a Fair Price Shop in Village Mooldaspur Majra, P.S. Bahadrabad, Tehsil

Roorkee, District Haridwar. Since petitioner’s father has died; therefore, he had applied for transfer of the licence of Fair Price Shop in his

favour.

According to the petitioner, Gram Sabha has now passed a resolution, recommending granting Fair Price Shop licence to respondent no. 7, vide

resolution dated 30.01.2021. Thus feeling aggrieved, petitioner has approached this Court seeking following reliefs:-

(i) Issue a writ, order in the nature of Certiorari quashing the impugned resolution dated 30.01.2021 passed by the Respondent no. 6 (contained as

Annexure No. 10).

(ii) issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no. 1 to 6 to allot the fair price shop of village

Mooldaspur Majra, P.S.-Bahadrabad, Tehsil Roorkee, District Haridwar to the petitioner, as per the resolution Date 05.09.2020 & provisions of

Government order dated 11.07.2011 & 03.06.2010.

After arguing for a while, learned counsel for the petitioner submits that since licence has not been issued in favour of respondent no. 7, therefore,

petitioner may be permitted to make representation to the Competent Authority for grant of licence.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to make representation to

Competent Authority i.e. District Supply Officer, Haridwar, within two weeks from today. If such representation is made within the stipulated time,

District Supply Officer (respondent no. 3) shall look into the matter and take appropriate decision, in accordance with law, within a period of three

weeks from the date of receipt of representation alongwith certified copy of this order. Till decision is taken on petitioner’s representation, status

quo as on today, shall be maintained.