Rajasthan High Court - Jaipur
Uttam Singh S/O Shri Harivilas Singh vs State Of Rajasthan on 11 July, 2019
Author: Veerendra Singh Siradhana
Bench: Veerendra Singh Siradhana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11756/2019
Uttam Singh S/o Shri Harivilas Singh
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Shashi Bhushan Gupta For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDRA SINGH SIRADHANA Order 11/07/2019 Referring to opinion of a Coordinate Bench of this Court in the case of Bharat Singh Vs. State of Raj. & Ors.:SBCWP 11925/2017, decided on 9th August, 2017, it is contended that the order of suspension having resorted to procedure unknown to law and taking note of such functioning, a Coordinate Bench of this Court, in the Bharat Singh (supra), observed thus:
"Taking into consideration the aforesaid, it could not be clarified as to how the inspection was made on 13th May, 2017 when the order for constitution of teams was received on 15th May, 2017 onwards and the impugned order is in reference to the report of the inspection teams. The orders are otherwise almost verbatim the same thus the respondents have acted in cyclostyle manner. It seems to be due to visit of the Chief Minister between 11th May, 2017 to 13th May, 2017. While recording the impugned order in the same language, quantity of the foodgrain, kerosene, etc. has been mentioned individually. The order of suspension was passed on 13th May, 2017 and cancellation of authorisation of fair price shop was made almost in a period of one month after notice for hearing. The termination of the authorisation of fair price shop is, however, in reference to the report of the inspection teams. The report of inspection (Downloaded on 30/08/2019 at 10:29:00 PM) (2 of 2) [CW-11756/2019] is prior to receipt of the information of its constitution thus cannot be relied or be trusted."
Learned counsel further submits that order of suspension dated 8th February, 2019, of the very same licence of the Fair Price Shop, was stayed by this Court on 30th May, 2019 in SBCWP No.9715/2019:Uttam Singh Vs. State of Raj. And ors. However, now the State-respondents have resorted to practice of issuing the impugned notice, which is alleged to have been made on dated 8 th May, 2019, without serving a copy of the same.
Heard.
Issue notice on writ as well as on stay application, returnable within four weeks.
Learned counsel for the petitioner would deposit process fee and take out notice for service on the non-petitioners.
Steps be taken within a week.
In the meanwhile and till the next date, effect and operation of the impugned order dated 8th May, 2019, shall remain stayed.
List the matter, along with SBCWP No.9715/2019:Uttam Singh Vs. State of Raj. And ors., as prayed.
(VEERENDRA SINGH SIRADHANA),J Pcg/95 (Downloaded on 30/08/2019 at 10:29:00 PM) Powered by TCPDF (www.tcpdf.org)