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2025 DAILYLAW 41831 (RAJ)

HANSRAJ KANWARIA S/O HEERARAM v. STATE OF RAJASTHAN

CW/13053/2025 · 2025-08-26

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:33952] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13053/2025 1. Hansraj Kanwaria S/o Heeraram, Aged About 50 Years, R/o Regro Ka Mahalla, Ward 12 Todi, Todi, Jhunjhunu, Raj.- 333022. 2. Ashok Kumar Sharma S/o Jivan Ram Sharma, Aged About 59 Years, R/o Ward 1, Mukhya Gram Near Gopinath Ji Mandir, Udaipurwati, Bagora, Jhunjhunu, Raj.- 333307. ----Petitioners Versus 1. State Of Rajasthan, Through Chief Secretary, Food And Civil Supply And Consumer Matter Department, Government Of Rajasthan, Jaipur (Rajasthan). 2. The Food Commissioner, Government Of Rajasthan, Jaipur, Rajasthan. 3. The District Collector (Logistics), Government Of Rajasthan, Jhunjhunu, Rajasthan. 4. District Logistics Officer, Government Of Rajasthan, Jhunjhunu. 5. The District Supply Officer (Rasad), District Jhunjhunu, (Rajasthan). ----Respondents For Petitioner(s) : Ms. Nidhi Sharma Mr. Arun Chaudhary For Respondent(s) : Ms. Abhilasha Vaishnav for Mr. Lokendra Singh Rao, Dy.GC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 26/08/2025 1. The present petition pertains to allotment of fair price shop. The competent authority is stated to be concerned District Collector or any officer authorised by him. [2025:RJ-JP:33952] (2 of 2) [CW-13053/2025] 2. Learned counsel Ms. Abhilasha Vaishnav on behalf of Mr. Lokendra Singh Rao, Dy.GC has taken a preliminary objection that the matter 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 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 the present petition 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 01.09.2025 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. The present petition is 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 DEEPAK/s-178