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2013 Supreme(HP) 36

RAJIV SHARMA
Ajouli Brahamana Agriculture Coop. Service Society Ltd. – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Mr. Ajay Sharma, Advocate.
For the respondents:Mr. Virender Verma, Additional A.G., with Mr. Neeraj K. Sharma, Dy. A.G., for respondents No. 1 to 3.
Mr. Lalit K. Sharma, Advocate, for respondent No. 4.

JUDGMENT

Rajiv Sharma, Judge

Petitioner has assailed the allotment of fair price shop made in favour of respondent No. 4 at village Ajouli on 07.07.2012. The petitioner-Society was registered vide registration No. 208, dated 23.12.1935. The respondent No. 4 has submitted an application for allotment of a fair price shop in Village Ajouli. The application was placed before the Public Distribution Committee on 04.10.2011. The Public Distribution Committee decided to refer the matter to the State Government for relaxation. The relaxation was given in favour of the petitioner on 13.06.2012 and the same was conveyed by the Director of Food, Civil Supplies & Consumer Affairs, Himachal Pradesh to the District Food, Civil Supplies Controller, District Una, Una, H.P. on 19.06.2012. Thereafter, the fair price shop was allotted to the petitioner on 07.07.2012.

2. Mr. Ajay Sharma, learned counsel for the petitioner has vehemently argued that the allotment of fair price shop in favour of respondent No. 4 is illegal, arbitrary and, thus, violative of Article 14 of the Constitution of India. He also contended that the guidelines issued as per letter, dated 05.08.2008, have not been followed by the














































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