[2025:RJ-JP:13263] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14187/2022 Shivraj Gochar S/o Shri Babulal Gochar, Aged About 34 Years, R/o Garda Colony, Tehsil Kanwas, District Kota Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Food And Civil Supplies, Government Secretariat Jaipur. 2. The Commissioner, Food And Supplies Department Rajasthan, Govt. Secretariat Jaipur 3. District Supply Officer, Kota Rajasthan 4. Shri Girraj Prasad Mehra S/o Shri Prahlad Mehra, Village Laxmipura, Gram Panchayat Danta, Tehsil Kanvas, District Kota Rajasthan ----Respondents For Petitioner(s) : Mr. Nawab Ali Rathore For Respondent(s) : Mr. Prashant Vijay for Mr. Lokendra Singh Rao, Dy. GC for NP Nos. 1 to 3 HON'BLE MR. JUSTICE SUDESH BANSAL Order 24/03/2025 1. For reasons mentioned in the application (IA No.1/2024) for early listing of the matter, same is allowed. 2. Heard counsel for both the parties and perused the record. 3. Instant civil writ petition under Article 226 of the Constitution of India, has been filed by petitioner, questioning the allotment of dealership of a Fair Price Shop (FPS) situated at Village Garda, Gram Panchayat Danta, Tehsil Sangod, District Kota, in favour of respondent No.4-Sh. Giriraj Prasad Mehra, vide order dated [2025:RJ-JP:13263] (2 of 4) [CW-14187/2022] 19.07.2022 (Annx.-4) issued by the District Supply Officer, Kota and it has been prayed that allotment of such dealership be issued in favour of petitioner. 4. Factual matrix of the present case, in nutshell, is that an advertisement No. Rasad/FPS/2021/150 dated 19.07.2021 was issued by the Department of Food and Civil Supplies, Government Secretariat, Jaipur, inviting applications for allotment of FPS at Gram Panchayat Danta (Garda), District Kota. Petitioner and private respondent No.4 applied for allotment of FPS. Under the recommendations of the allotment advisory Committee, the allotment of FPS in question was issued in favour of respondent No.4, vide order dated 19.07.2022 (Ann.4), which has been put to challenge by the petitioner, stating inter alia that respondent No.4 is not eligible and does not fall within the guidelines for allotment of dealership of FPS, rather petitioner is the only eligible and sole candidate, entitled for issuance of such dealership. 5. It is noteworthy that respondent No.4, namely, Sh. Giriraj Prasad Mehra himself expressed his inability to run the FPS and on his own request, the allotment of dealership of FPS, made in his favour, was withdrawn by the District Supply Officer, Kota (respondent No.3 herein), vide order dated 30.05.2023 and simultaneously, by the same order, the FPS of Gram Panchayat Danta, District Kota, bearing Code No.31392 was attached with another FPS of Gram Panchayat Basyahedi, District Kota bearing Code No.6900 allotted in favour of one Sh. Hargovind Barg. A copy of order dated 30.05.2023 has been placed on record and with consent of counsel for both parties, same is taken on record. [2025:RJ-JP:13263] (3 of 4) [CW-14187/2022] 6. In view of surrendering dealership of FPS by respondent No.4, since the allotment of FPS in question dated 19.07.2022 itself has been withdrawn/ cancelled by respondent No.3 vide order dated 30.05.2023, as stated hereinabove, the relief prayed for by petitioner in respect of cancellation of allotment of dealership dated 19.07.2022, has rendered infructuous. 7. As far as claim of petitioner for allotment of such dealership in his favour is concerned, it is not in dispute that petitioner lives within periphery of one kilometer from the location of FPS in question and is a BPL card holder bearing No.34493/2002. The eligibility of allotment of FPS in favour of petitioner, as per policy/guidelines, has not been questioned by respondents. 8. It is undisputed that against the advertisement for allotment of FPS in question, only two applications, one by petitioner and another by respondent No.4, were received. Since respondent No.4 has expressed his unwillingness to operate the FPS, the only eligible candidate is petitioner. 9. It is further undisputed that the FPS in question, after withdrawal/ cancellation of its allotment dated 19.07.2022 vide order dated 30.05.2023, has neither been re-advertised nor has been re-allotted in favour of any other person and is lying vacant since then. Only a temporary arrangement to attach the FPS bearing Code- 31392 with FPS bearing Code- 6900 belonging to Sh. Hargovind Barg, has been made. 10. In view of aforesaid discussion, this Court finds that petitioner is the only applicant eligible for allotment of the [2025:RJ-JP:13263] (4 of 4) [CW-14187/2022] dealership of FPS in question, hence his claim for allotment deserves to be allowed. 11. As a final result, since the allotment of FPS in question made in favour of respondent No.4 vide order dated 19.07.2022 has already been withdrawn/ cancelled on the request of respondent No.4 himself and the only surviving and eligible candidate for allotment of dealership of such FPS is the petitioner, therefore, it is hereby directed that the FPS bearing Code No.31392 situated at Gram Panchayat Danta, District Kota be allotted in favour of petitioner forthwith. 12. Accordingly, the writ petition is allowed in the aforesaid terms. 13. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/244-S