HC directs respondent-State not to renew the license of Fair Price Shop

  

The Single Bench of High Court of Himachal Pradesh, Shimla consisting of Justice Jyotsna Rewal Dua opined that the respondents issued fresh notification amended guidelines for allotment of Fair Price Shops and the period of operation of Fair Price Shop sanctioned in favour of respondent No.4 expired on that day itself i.e., 31.12.2021, the petition was disposed of.

Facts

The petitioner is a Cooperative Agriculture Society registered under the Himachal Pradesh Cooperative Societies Act, 1968 and seeks cancellation of allotment of a Fair Price Shop and its subsequent renewal in favour of respondent No.4. A notification was issued by the State framing the guidelines for opening of new Fair Price Shops. On the recommendation of the District Level Public Distribution System Committee, a Fair Price Shop was sanctioned in favour of respondent No.4. Petitioner Society preferred a petition with a prayer to quash the notification.

Procedural History

During its pendency, the respondent-State conceded the claim of the petitioner that the guidelines so framed and circulated were not in consonance with provisions contained u/s 12(e) of the National Food Security Act, 2013. Taking note of this submission, the writ petition was disposed of with a direction to the respondent-State to take decision in the matter within two months.

Subsequently, in compliance to the aforesaid judgment, respondent-State issued notification framing fresh guidelines for opening of the Fair Price Shops. Original allotment of Fair Price Shop in favour of respondent No.4 was in terms of old notification. The allotment in favour of respondent No.4 was renewed up-to 31.12.2021.

Observations of the Court

The Bench observed that:

“It appears from the record that the allotment in favour of respondent No.4 was renewed up-to 31.12.2021. The period expires today. Since the respondents have issued fresh notification on 26.11.2018 containing amended guidelines for allotment of Fair Price Shops and considering the fact that the period of operation of Fair Price Shop sanctioned in favour of respondent No.4 expires today i.e., 31.12.2021, therefore, the present petition is disposed of with a direction to the respondent-State not to renew the licence of Fair Price Shop in favour of respondent No.4 any further beyond 31.12.2021.”

Judgment

Respondents were directed to initiate the fresh process for allotment of Fair Price Shop strictly in accordance with applicable guidelines.

Case Name: The Hanoh Cooperative & Anr vs The State of Himachal Pradesh & Ors

Citation: Civil Writ Petition No. 1094 of 2019

Bench: Justice Jyotsna Rewal Dua

Decided on: 31^st December 2021

Read Judgment ;
 

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