Jai Thakur Baba Swa Sahayata Samooh ... vs The State Of Madhya Pradesh on 1 July, 2022

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Madhya Pradesh High Court

Jai Thakur Baba Swa Sahayata Samooh ... vs The State Of Madhya Pradesh on 1 July, 2022

Bench: Milind Ramesh Phadke

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                               BEFORE
             HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                           ON THE 1st OF JULY, 2022

                   WRIT PETITION No. 10615 of 2022

        Between:-
        JAI THAKUR BABA SWA SAHAYATA SAMOOH
        JATOLI TEHSIL SABALGARH DISTT. MORENA
        THROUGH ITS PRESIDENT SMT. MEERA JATAV
        W/O SH BHUPENDRA JATAV , AGE - 32 YEARS,
        R / O GRAM JATOLI TEHSIL SABALGARH
        DISTRICT MORENA (MADHYA PRADESH)

                                                                .....PETITIONER
        (BY SHRI HARSHAD BAHIRANI-ADVOCATE)

        AND

1.      STATE OF M.P. THROUGH ITS PRINCIPAL
        SECRETARY, FOOD AND CIVIL SUPPLY
        CONSUMER PROTECTION DEPT. VALLABH
        BHAWAN BHOPAL (MADHYA PRADESH)

2.      COLLECTOR        DISTT.    MORENA       (MADHYA
        PRADESH)

3.      SUB-DIVISIONAL      OFFICER SABALGARH
        DISTRICT MORENA (MADHYA PRADESH)

4.      DISTRICT  SUPPLY   CONTROLLER DISTT.
        MORENA (MADHYA PRADESH)

5.       MADAN BABA SWA SAHAYATA SAMOOH
        MAJRA CHAAHAR TESHIL SABALGARH DISTT.
        MORENA (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (SHRI G.K.AGRAWAL-GOVERNMENT ADVOCATE FOR STATE)

      Th is petition coming on for hearing this day, th e court passed the
following:
                                    ORDER

The petitioner preferred this petition under Article 226 of the Constitution 2 of India seeking following reliefs:-

"A. That, impugned advertisement/orders 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 WP 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. Madan Baba Swa Sahayata Samooh whereas the said society is not being registered as National Rural Livelihood 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 the counsel for the parties and perused the 3 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 representation is found worth dismissal, then reasoned order shall be passed under due intimation to the petitioner.

With the aforesaid directions, petition stands disposed of.

(MILIND RAMESH PHADKE) JUDGE Ashish* ASHIS Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF H MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5 CHAU 195154c3d4de08c6bb9303e52e2e 7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8F 9C2790FA9A0FD201D0242B64, serialNumber=A926F3CBF979ECA 6A4C477577EEDBA3AB4F94593A9 RASIA 30B98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2022.07.01 18:50:37 -07'00'

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