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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
REKHA BORANA
Shrawan Ram @ Sharwan Kumar S/o Shri Bhagwan Ram – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. overview of case and background facts (Para 1 , 2 , 3) |
| 2. arguments surrounding eligibility and preferences (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court’s analysis on prior rulings and authority issues (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. final orders on the case (Para 21 , 22) |
ORDER :
1. The present writ petition has been filed against order dated 17.11.2008 (Annexure-13) whereby the revision petition as filed by respondent No.4 stood allowed.
2. The facts in brief are that:
(i) Vide notification dated 18.10.2005 (Annexure-6), applications for allotment of fair price shop were invited. Both the petitioner and respondent No.4 applied in pursuance to the said notification.
(ii) Vide order dated 25.04.2006 (Annexure-7), the allotment was made in favour of respondent No.4. The said order was challenged by the petitioner before the appellate authority which stood dismissed vide order dated 20.09.2006. Order dated 20.09.2006 was assailed vide a writ petition being S.B. Civil Writ Petition No.1601/2007 which stood allowed vide order dated 29.05.2008.
(iii) Order dated 29.05.2008 was put to challenge by respondent No.4 vide D.B. Civil Special Appeal No.602/200
The court confirmed that allotment prioritization must adhere to established criteria, emphasizing the necessity to follow judicial directions in administrative decisions regarding fair price shop al....
High Court was not justified in sitting in appeal over the decision taken by the statutory authority under Article 226 of the Constitution of India. It is trite law that the power of judicial review ....
The court upheld the validity of fair price shop allotments made under previous orders, dismissing challenges based on unchallenged rejections of similar applications.
The court established that residents can challenge land allotments as 'persons aggrieved' under the U.P. Zamindari Abolition and Land Reforms Act, emphasizing the importance of public interest in suc....
Point of law: Only aggrieved person, who has participated in the process of allotment of fair price shop can file appeal.
The main legal point established in the judgment is that the allotment of government land must adhere to the principles of equality and eligibility criteria, and the failure to meet the eligibility r....
Subsequent allottees of fair price shops must be heard in appellate proceedings; failure to do so violates their rights and is contrary to established legal principles.
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