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2025 DAILYLAW 56415 (PNJ)

NEWTAN KUMAR AND ORS. v. STATE OF PUNJAB AND ORS.

CWP/20683/2011 · 2025-01-23

Lapita Banerji

body2025

Judgment text

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CM-9217-CWP CWP-20683-2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT Newtan Kumar and others State of Punjab and others CORAM : HON’BLE MS. JUSTICE LAPITA BANERJI Present : Mr. Vijay K. Jindal, Advocate, for the petitioners. Mr. Brijesh, AAG, for respondents No.1 to 3. Mr. Parvesh K. Saini, Advocate, for respondents No.6, 7, 8, 10, 12, 16, 17, 20 and 22. LAPITA BANERJI CM-9217-CWP This is an application for vacation of stay imposed vide order dated November 08, 2011 passed by a coordinate Bench of this Court in CWP No.20683 Heard. With the consent of the parties, main case is taken up on Board for hearing today itself. Application is Main case Challenge in the present writ petition under Articles 226/227 of the Constitution of India is to the impugned allotments in favour of the private respondents No.6 to 24 by the official respondents and non consideration of the pet shop in their favour. CWP-2023 in/and 2011 Sr. No.102 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM CWP Date of Decision : Newtan Kumar and others Versus State of Punjab and others HON’BLE MS. JUSTICE LAPITA BANERJI Mr. Vijay K. Jindal, Advocate, for the petitioners. Mr. Brijesh, AAG, Punjab for respondents No.1 to 3. Mr. Parvesh K. Saini, Advocate, for respondents No.6, 7, 8, 10, 12, 16, 17, 20 and 22. *** LAPITA BANERJI, J. (Oral) CWP-2023 This is an application filed on behalf of respondents No.1 to 3 for vacation of stay imposed vide order dated November 08, 2011 passed by a coordinate Bench of this Court in CWP No.20683 Heard. With the consent of the parties, main case is taken up on Board for hearing today itself. Application is disposed of. Challenge in the present writ petition under Articles 226/227 of the Constitution of India is to the impugned allotments in favour of the private respondents No.6 to 24 by the official respondents and non consideration of the petitioners’ applications shop in their favour. p. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-9217-CWP-2023 in/and CWP-20683-2011 Date of Decision : 23.01.2025 …Petitioners …Respondents HON’BLE MS. JUSTICE LAPITA BANERJI for respondents No.6, 7, 8, 10, 12, 16, 17, 20 and 22. filed on behalf of respondents No.1 to 3 for vacation of stay imposed vide order dated November 08, 2011 passed by a coordinate Bench of this Court in CWP No.20683-2011. With the consent of the parties, main case is taken up on Board Challenge in the present writ petition under Articles 226/227 of the Constitution of India is to the impugned allotments in favour of the private respondents No.6 to 24 by the official respondents and non- itioners’ applications for allotment of fair price VANDANA 2025.01.24 15:49 I attest to the accuracy and integrity of this document CM-9217-CWP CWP-20683-2011 2. Vide Bench of this Court had directed that no all District Bathinda be made State to traverse was filed. Thereafter, of the parties. 3. When the matter came up for hearing today, it is submi the learned counsel appearing on writ petition has become infructuous since a new 2016 has come into place instead of the previous policy under wh petitioners had applied, for gr 4. Furthermore, due to the interim order passed by this Court, no new allotment co are no ration depots/fair price shop in 61 villages. There are about 177 vacancies in the urban areas an and the beneficiaries are suffering, 5. Learned counsel for the petitioners submits that he has no objection if the application ration depot/fair price shop is considered by the State authorities in accordance with the prevailing policy as on date. 6. H material on record. 7. This Court deems it appropriate to direct the responden authorities to consider the application with the policy CWP-2023 in/and 2011 Vide interim order dated November 8, 2011 Bench of this Court had directed that no all District Bathinda be made, till such time an traverse the contentions made by the petitioner Thereafter, several adjournments had of the parties. When the matter came up for hearing today, it is submi the learned counsel appearing on behalf of the respondents writ petition has become infructuous since a new 2016 has come into place instead of the previous policy under wh petitioners had applied, for grant of license. Furthermore, due to the interim order passed by this Court, no new allotment could be made since November 2011, d are no ration depots/fair price shop in 61 villages. There are about 177 vacancies in the urban areas and 345 in the rural areas d the beneficiaries are suffering, due to no fault of their own. Learned counsel for the petitioners submits that he has no objection if the applications made by the petitioners for allotment of a t/fair price shop is considered by the State authorities in accordance with the prevailing policy as on date. Heard the learned counsel for the material on record. This Court deems it appropriate to direct the responden authorities to consider the applications of the petit policy applicable, as on date. p. 2 order dated November 8, 2011, a coordinate Bench of this Court had directed that no allotment of fair price shop in ill such time an affidavit by the respondents- the contentions made by the petitioners in the writ petition everal adjournments had been sought for on behalf When the matter came up for hearing today, it is submitted by of the respondents-State that the writ petition has become infructuous since a new Policy dated June 15, 2016 has come into place instead of the previous policy under which the Furthermore, due to the interim order passed by this Court, no uld be made since November 2011, due to which there are no ration depots/fair price shop in 61 villages. There are about 177 d 345 in the rural areas in district Bathinda due to no fault of their own. Learned counsel for the petitioners submits that he has no made by the petitioners for allotment of a t/fair price shop is considered by the State authorities in accordance with the prevailing policy as on date. learned counsel for the parties and perused the This Court deems it appropriate to direct the respondent of the petitioners, in accordance VANDANA 2025.01.24 15:49 I attest to the accuracy and integrity of this document CM-9217-CWP CWP-20683-2011 8. In the event, the petitioners with the necessary formalities the State authorities s 9. The interim order granted earlier shall continue four vacancies of the petitioner 10. Needles made within 07 days 11. Wit disposed of. 12. Pending application(s), if January 23, 202 Vandana Whether speaking/reasoned : Whether reportable CWP-2023 in/and 2011 In the event, the petitioners submit with the necessary formalities within one week the State authorities shall dispose of the same within a month thereafter. The interim order granted earlier shall continue four vacancies till such time the State authorities decide the representation e petitioners. Needless to mention, in the event the said made within 07 days from date,, the interim order shall stand vaca With the directions aforesaid, CWP Pending application(s), if any, shall also stand disposed of. (LAPITA BANERJI) JUDGE , 2025 ther speaking/reasoned : Yes/No Whether reportable : Yes/No p. 3 submit applications by complying within one week from the date of this order, of the same within a month thereafter. The interim order granted earlier shall continue regarding only till such time the State authorities decide the representation s to mention, in the event the said applications are not interim order shall stand vacated. h the directions aforesaid, CWP No.20683-2011 is any, shall also stand disposed of. (LAPITA BANERJI) JUDGE VANDANA 2025.01.24 15:49 I attest to the accuracy and integrity of this document