High CourtsSingle Bench(2020) 09 SHI CK 0379

Rounker Agriculture Cooperative Soceity Ltd vs State Of Himachal Pradesh & Others

High Court Of Himachal Pradesh · Decided on 24 September 2020

HON’BLE JUDGES
Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1458 Of 2020

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Judgment

6 paragraphs · 378 words

Jyotsna Rewal Dua, J

1.

The petitioner Society is presently running a Fair Price Shop at Village Talmehra, Tehsil Bangana District Una, H.P. As per the averments made in the petition, this Fair Price Shop caters to the needs of various villages including Deehar, Kharoh, Rajpura etc. The petitioner has preferred this writ petition praying for a direction to the respondents/State to consider its application/representations for opening of a sub-depot in accordance with law after giving an opportunity of being heard in consonance with notification dated 2.8.2014 as amended up-to-date.

2 It appears from the record that a request was made by Gram-Panchayat Deehar, Block Bangana, District Una, to the respondents for opening a Fair Price Shop in village Dheehar. The request was processed by the respondents. The Inspector, Food, Civil Supplies & Consumer Affairs, Bangana in his inquiry report dated 06.12.2018, recommended for opening a Fair Price Shop in Gram Panchayat Dheehar. Whereafter the District Level Public Distribution Committee Una, in its meeting held on 7.02.2019, decided to invite applications for opening of a Fair Price Shop in the aforesaid village. Applications were accordingly invited after wide publicity.

In their reply, respondents have submitted that pursuant to the advertisement dated 29.5.2019 inviting applications for opening the Fair Price Shop at Deehar, total 11 applications were received including that of the petitioner. The matter of allotment of Fair Price Shop at village Deehar is still stated to be pending for consideration before the competent authority.

In view of the stand taken by the respondents-State that the applications of all the applicants including that of the petitioner for allotment of Fair Price Shop at Gram Panchayat Deehar are as yet pending consideration, this writ petition, therefore, is premature at this stage and the same is disposed of accordingly. Liberty, is however, reserved to the petitioner to take recourse to appropriate remedy, in accordance with law, at an appropriate stage, in case it feels aggrieved by the decision of the respondents/State.

Needless to say that, respondents while deciding the applications received by them pursuant to the advertisement dated 29.5.2019 as well as the representations submitted by the petitioner at Annexure P-4, P-5 and P-6, shall take into consideration all the applicable policies/notifications. Pending miscellaneous application(s) shall also stand disposed of.