Applicant For Fair Price Shop Has Statutory Remedy Against Grant Of License To Opposite Party, Must Be Supplied Order Copy: Rajasthan High Court
Terming the action of the State as “Gross inaction and illegal”, Rajasthan High Court directed the District Supply Officer to provide order's copy to the petitioner under which the Fair Price Shop License was granted in favour of the private respondent as opposed to the petitioner.The bench of Justice Munnuri Laxman observed that the petitioner had the statutory remedy under...
Terming the action of the State as “Gross inaction and illegal”, Rajasthan High Court directed the District Supply Officer to provide order's copy to the petitioner under which the Fair Price Shop License was granted in favour of the private respondent as opposed to the petitioner.
The bench of Justice Munnuri Laxman observed that the petitioner had the statutory remedy under Rajasthan Foodgrains and Other Essential Articles (Regulation of Distribution) Order, 1976, which he could not avail without the order. Hence, the State was directed to provide the same to the petitioner within one week.
The petitioner had applied for the Fair Price Shop License, and the committee constituted to scrutinize the candidates had favoured and recommended the petitioner. However, the District Supply Officer, contrary to the committee's recommendations, granted the license to the private respondent.
The petitioner made a request for the copy of the order which was not provided even after filing a representation as well as an application under Right to Information Act, 2005. Hence, the petition was filed before the Court.
After hearing the contentions, the Court observed that,
“This is a gross inaction and an illegal action on the part of the respondents in not furnishing the copy of the order which favoured the grant of the license in favour of the private respondent herein i.e., respondent No.10. The petitioner has the right to take a statutory remedy under the Rajasthan Foodgrains and Other Essential Articles (Regulation of Distribution) Order, 1976 (hereinafter referred to as 'the Order of 1976'), and without such order, the petitioner cannot avail such remedy.”
Accordingly, the District Supply Officer was directed to furnish the copy of the order to the petitioner within one week.
Title: Bhomaram & Ors. v State of Rajasthan & Ors.
Citation: 2025 LiveLaw (Raj) 228