MUKESH KUMAR MEENA S/O SHRI BABU LAL MEENA v. STATE OF RAJASTHAN
CW/4325/2020 · 2025-02-13
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9266 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9266 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:6452] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4325/2020 Mukesh Kumar Meena S/o Shri Babu Lal Meena, Aged About 28 Years, Resident Of Village Shekhawala, Gram Panchayat Ramyawala, Tehsil Jamwaramgarh, Distt. Jaipur (Raj.). ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Food, Civil Supply And Consumer Matters Department, Secretariat, Jaipur. 2. District Collector (Supply), District- Jaipur. 3. District Supply Officer, Jaipur-II. ----Respondents For Petitioner(s) : Mr. Keshav Kumar Agarwal For Respondent(s) : Mr. Lokendra Singh Rao HON'BLE MR. JUSTICE SUDESH BANSAL Order 13/02/2025
1. Heard learned counsel for both parties finally on merits. 2. By means of filing instant writ petition under Article 226 of the Constitution of India, petitioner has prayed following relief:-
"i) the impugned noting No. 19 and 20 dated 16.11.2017 and 17.11.2017 (Annx.4) may kindly be quashed
and
set
aside. ii) the respondents may kindly be directed to allot the and disputed shop to issue Authorization Letter of fair price shop for Village Nabhawala, Gram Panchayat Ramyawala, Tehsil Jamwaramgarh, Distt. Jaipur, in favour of the petitioner. iii) any other order which this Hon'ble court deems proper may also be granted in favour of the petitioners."
3. The writ petition involves issue in respect of allotment of fair price shop in village Nabhawala, Gram Panchayat Ramyawala, Tehsil Jamwaramgarh, District Jaipur and recommendations for allotment made in favour of petitioner have been withdrawn by the respondent through the impugned notices dated 16.11.2017 & 17.11.2017 (Ann.4). The case of petitioner is that the impugned notices dated 16.11.2017 & 17.11.2017 have been passed without
[2025:RJ-JP:6452] (2 of 2) [CW-4325/2020] according opportunity of hearing and without adhering to the principles of natural justice. 4. It has been pointed out by learned counsel for the petitioner that the issue is squarely covered by the order dated 21.11.2024 passed by the Coordinate Bench of this Court in SBCWP No.5383/2019 titled Devnarayan Gurjar Vs. State of Rajasthan & Ors., and may be decided in same terms, for which counsel for respondents has no objection. 5. The relevant portion of the order 21.11.2024 reads as under:-
"6.
It is settled proposition of law that whenever any adverse order is passed against a person, the authority concerned is expected to afford him an opportunity of hearing after issuing notice to him, but in the instant case, the order impugned has been passed in utter violation of the principles of natural justice. 7. In view of the above, the impugned orders dated 16.11.2017 and 17.11.2017 stand quashed and set aside on this count alone. The matter is remitted back to the District Supply Officer to re-consider the matter and decide it afresh after affording due opportunity of hearing to the petitioner as well as to all the respective parties, strictly in accordance with law. 8. It goes without saying that the order passed by this Court would be complied by the respondents within a period of three months from the date of receipt of certified copy of this order."
6. In view of above, the instant writ petition is hereby decided and disposed of in terms of the order dated 21.11.2024 passed in SBCWP No.5383/2019. 7. Stay application and any other pending application, if any, stand disposed of. (SUDESH BANSAL),J TN/62