Smt Sabuti Kewat vs The State Of Madhya Pradesh on 7 May, 2022

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Madhya Pradesh High Court

Smt Sabuti Kewat vs The State Of Madhya Pradesh on 7 May, 2022

Bench: Anand Pathak

                                       1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             WP No. 10617 of 2022
            (SMT SABUTI KEWAT Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 07-05-2022
       Shri Sanjay Bahirani, learned counsel for the petitioner.

       Shri N.S.Tomar, learned Government Advocate for respondents/State.

The petitioner preferred this petition under Article 226 of the Constitution of India seeking following reliefs:-

"A. That, impugned advertisement/order at Annexure P/1 & P/8 issued by respondents may kindly be quashed. B. That, in pursuant of the interim protection and direction given in W.P.No.10013/2016 respondents may kindly be directed to withdraw the impugned advertisement and also that no coercive step be taken against the petitioner society. C. That, also respondents may kindly be directed to allot food stuff to the petitioner fair price shop for distribution to the consumers.

D. That, cost and any other relief which this Hon'ble Court may deem fit kindly be awarded."

It is the submission of counsel for the petitioner that after allotment of Fair Price Shop in the year 2015 provisions were not supplied to the petitioner on the pretext that when petition challenging the validity of Clause 7 and 8 of Madhya Pradesh Public Distribution System (Control) Order 2015 and after decision at Principal Seat Jabalpur, no supply was started. Approach of the authorities is arbitrary and illegal to the extent that recently they have allotted the shop to another society i.e. Bhairo Baba Swa Sahayata Samooh whereas the said society is not being registered as National Rural Livelyhood Mission (NRLM). He preferred a representation also to the concerned authority in this regard vide Annexure P-2. He seeks consideration over his representation.

Learned counsel for the respondents/State opposed the prayer but fairly submitted that if any representation is pending then the same shall be considered in accordance with law.

Heard.

Considering the submissions, this petition is disposed of with the direction to the petitioner to prefer his representation alongwith certified copy of this order or if already pending, within 10 days from the date of receipt of certified copy of this order and respondents/authority to decide the same within 15 days from the submission of representation in accordance with law. If petitioner is found entitled for the benefits to be given then immediately proactive steps shall be taken to start his shop while providing necessary provisions and if petition is found worth dismissal, then reasoned order shall be passed under due intimation to the petitioner.

With the aforesaid directions, petition stands disposed of.

(ANAND PATHAK) JUDGE Ashish* ASHIS Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA H PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195 154c3d4de08c6bb9303e52e2e7e728d9 CHAU bac85bd3, pseudonym=CA2EA6EDDF504F8F9C27 90FA9A0FD201D0242B64, serialNumber=A926F3CBF979ECA6A4C 477577EEDBA3AB4F94593A930B98DA E1B0AD16F90B5FD, cn=ASHISH RASIA CHAURASIA Date: 2022.05.09 14:41:14 -07'00'

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