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2017 DIGILAW 678 (JK)

Pardeep Sharma v. State of J&K

2017-08-19

SANJEEV KUMAR

body2017
JUDGMENT : 1. Heard learned counsel for the petitioner and Mr. Rohit Verma, learned counsel appearing for respondent No. 5. 2. The short case of the petitioner is that he was appointed as Ration Dealer for Centre Potha Tehsil Rajouri vide Order dated 8th May, 2013 issued by the Assistant Director, CA&PD, Rajouri. Since then the petitioner claims that he has been working as Ration Dealer and operating his Fair Price Shop to the best satisfaction of the people of village Potha. The Grievance of the petitioner is that though there is no feasibility of opening of new Fair Price Shop in village Potha yet the respondent No. 1 with a view to accommodate respondent No. 5 issued Government Order No. 150-FCS&CA of 2017 dated 07.06.2017 and appointed respondent No. 5 also as Ration Dealer for village Potha-B, which act of the respondent No. 1, claims the petitioner, is in violation of the Policy Guidelines issued in terms of Government Order No. 127-FCS&CA of 2016 dated 04.08.2016. 3. The submission of learned counsel appearing for the petitioner that appointment of respondent No. 5 as second ration dealer without holding any inquiry with regard to the feasibility of opening of new Fair Price Shop in terms of parameters laid down in Government Order No. 127-FCS&CA dated 04.08.2016, appears to be prima facie correct, as even in the order impugned, respondent No. 1 has kept the opening of New Fair Price Shop at village Potha-B subject to Assistant Director, CA&PD, Rajouri completing the requisite formalities as required by the Policy declared by the Government in terms of Government Order dated 04.08.2016 (supra). Prima facie, a case for indulgence at this stage is made out. Issue notice to the respondents. Mr. Rohit Verma accepts notice on behalf of respondent No. 5. Notice will go to respondent Nos. 1 to 4, returnable within four weeks. Requisites for service within one week. List after service is complete. MP No. 1/2017: Notice and appearance as above. In the meanwhile, subject to objections and till next date of hearing, the order impugned, if not already operated, shall not be given effect to.