AI Structured Summary
Not yet generated for this judgment
Judgment
Learned counsel for the petitioners do not dispute that in the present petition, the question involved is similar to the one decided in bunch of petitions filed by various self help groups decided by common order dated 05.07.2018 claiming the same relief on the same grounds.
The only difference between the bunch of petitions filed by the self help groups and the present petition is that petitioners herein are cooperative societies registered under the M.P.Cooperative Societies Act, but are assailing the same policy of the Government by which a decision has been taken to establish Fair Price Shops under the M.P. (Public Distribution Control) Order, 2016 at Gram Panchayats which do not have any Fair Price Shops.
The entire issue in detail has been considered by this Court in the earlier bunch of petitions decided on 05.07.2018 (supra) and the rival parties do not dispute that the same would apply mutatis mutandis to the present petition.
Accordingly, this petition stands disposed of in the same terms as the bunch of self help group including W.P. No. 17437/2017 decided by common order dated 05.07.2018, the operative portion of which is reproduced below:
In view of the above discussions, all the petitions including the present one filed by the petitioner- woman self help group as detailed in para 1 of this order are disposed of with the following directions:
(a) If the allotment in favour of the petitioner issued in 2015 continues to subsist then the said allotment of Fair Price Shop shall be allowed to continue till expiry of 3 years from the date of order of allotment/letter of authority.
(b) That the impugned instructions dated 25.09.2017 shall not adversely affect the 3 existing Fair Price Shops run by the petitioners on the basis of their subsisting allotment/letter of authority before expiry of 3 years of allotment.
(c) This order shall remain subject to any order that is passed in Writ Petition No. 11220/2016 (Gram Panchayat Padmaniya Khurd Vs. State of Madhya Pradesh) pending at the principal seat at Jabalpur.
(d) It is made clear that this order shall be of no avail to temporary, adhoc or additional allotment which is not substantive in nature.
No cost.