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SURAJ GOVINDARAJ
Mahathma Gandhiji Grama Hitha Mandali – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Petitioner is before this Court seeking for the following reliefs:
ii. Issue a writ of certiorari or other such appropriate writ or orders or directions quashing the notification No.AHARA/FPS:5:CR 173/2021-22 dated 29.09.2022 at Annexure-B.
iii. Pass any appropriate writ order or direction as this Hon’ble court deem fit and proper in the facts and circumstances of the case and allow these writ petition in the interest of justice and equity.
2. The petitioner is the owner of a fair price shop having been granted a licence in the year 1998 to run such a shop in Mahatma Gandhi Grama Hitha Mandali. The petitioner claims that without the petitioner being issued any notice, the respondent No.3 has issued a Notification calling for new fair price depot in the same village vide Annexure-B and if the same were to proceed with, then the number of cardholders att
The court established that no vested rights exist for a fair price shop owner to retain all ration cardholders, allowing for new shops under the Control Order, 2016.
The bifurcation of a fair price shop may be upheld if it is done in accordance with the norms prescribed in G.O.Ms.No.35, dated 17.09.2007, considering the convenience of the cardholders and the econ....
The court stressed the necessity of transparent and fair processes for licensing Fair Price Shops, affirming that government actions must comply with constitutional principles of equality.
The establishment of fair price shops is a policy decision of the State Government; guidelines are not legally binding rights. Existing license holders cannot claim exclusive operation rights in over....
The establishment of fair price shops is a policy decision by the State, and existing shop holders have no legal rights to oppose new shops based on prior guidelines.
The cancellation of a fair price shop dealer's authorization without conducting a proper enquiry is illegal and arbitrary, and violates the principles of natural justice and the provisions of the APS....
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