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2025 DAILYLAW 28041 (RAJ)

PRATAP SINGH SHEKHAWAT, SON OF SHRI DHOKAL SINGH v. STATE OF RAJASTHAN

CW/13118/2025 · 2025-09-03

Sameer Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:35332] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13090/2025 Lalit Kumar Swami Son Of Shri Maliram Swami, Aged About 35 Years, Resident Of House No. 18, Swami Ki Dhani, Goutam Nagar, Gram Panchayat Rampura, Tehsil Sahpura, District Jaipur, (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Food And Civil Supply, Secretariat, Jaipur 2. Additional Food Commissioner, Department Of Food And Civil Supply Rajasthan, Jaipur 3. District Collector (Supply), Kotputli-Behror (Raj.) 4. District Supply Officer, Kotputli-Behror (Raj) ----Respondents Connected with S.B. Civil Writ Petition No. 13108/2025 Matadeen Swami, Son Of Shri Laxminarayan Swami, Aged About 61 Years, Resident Of Village Balesar, Tehsil Viratnagar, Gram Panchayat Norangpura, District Kotputli-Behror (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Food And Civil Supply, Secretariat, Jaipur 2. Additional Food Commissioner, Department Of Food And Civil Supply Rajasthan, Jaipur 3. District Collector (Supply), Kotputli-Behror(Raj.) 4. District Supply Officer, Kotputli-Behror(Raj) ----Respondents S.B. Civil Writ Petition No. 13118/2025 Pratap Singh Shekhawat, Son Of Shri Dhokal Singh, Aged About 34 Years, Residents Of Mohalla Burja, Village Luhakna Khurd, Gram Panchayat Luhakna Kalan, Tehsil Viratnagar, [2025:RJ-JP:35332] (2 of 3) [CW-13090/2025] District Jaipur (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Food And Civil Supply, Secretariat, Jaipur 2. Additional Food Commissioner, Department Of Food And Civil Supply Rajasthan, Jaipur 3. District Collector (Supply), Kotputli-Behror(Raj.) 4. District Supply Officer, Kotputli-Behror(Raj) ----Respondents For Petitioner(s) : Mr. Ashok Sharma, Adv. For Respondent(s) : Mr. Lokendra Singh Rao, Dy. GC with Ms. Abhilasha Vaishnav HON'BLE MR. JUSTICE SAMEER JAIN Judgment 03/09/2025 1. The present petitions pertain to allotment of fair price shop. The competent authority is stated to be concerned District Collector or any officer authorised by him. 2. Learned Dy.G.C., Mr. Lokendra Singh Rao, has taken a preliminary objection that the matters primarily pertains to policy and there are different factual disputes which can be addressed before the competent authority. However, learned counsel is agreeable to the fact that the contentions or grievances of the petitioners herein can be heard within a period of 15 days by the competent authority i.e. District Collector. It is submitted that after giving due audience and considering the representation of [2025:RJ-JP:35332] (3 of 3) [CW-13090/2025] the petitioners, appropriate speaking order will be passed by the competent authority. 3. In light of the submissions made by learned counsel, this Court deems it proper to dispose of these petitions with a direction that the petitioners or aggrieved parties mark their appearance before the concerned District Collector as per the recommendation of Hon’ble Mr. Justice D.P. Wadhwa Committee (more specifically in para-19 of the said report) on 17.09.2025 at and around 11:00 am and after giving due audience, speaking order will be passed by the competent authority. 4. This Court makes it clear that till passing of orders, the allotment of the shop qua the disputed site will be kept in abeyance; passing of this order will not cause any prejudice to either of the sides. 5. These petitions are accordingly, disposed of. Pending applications, if any, stand disposed. 6. Appropriate remedy will be available to the petitioners, if they are aggrieved by the order passed by the District Collector. (SAMEER JAIN),J CHANDAN /166,174,175