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2012 Supreme(HP) 654

SANJAY KAROL, DEEPAK GUPTA
Agriculture Cooperative Society Bairghatta – Appellant
Versus
Pritam Singh – Respondent


Advocates:
Advocate Appeared:
For the appellant :Mr. Surinder Saklani, Advocate.
For the respondents:Mr. Ajay Sharma, Advocate, for respondent No. 1.
Mr. Vivek Singh Thakur, Additional Advocate General, for respondents No. 2 to 4.
For the appellant:Ms. Nishi Goel, Advocate.
For the appellant:Mr. Neel Kamal Sharma, Advocate.

JUDGMENT

Deepak Gupta, J.

These three appeal are being disposed of by a common judgment since similar issues are involved in all the three appeals.

2. To appreciate the rival contentions of the parties, it would be necessary to give the background of the policies framed by the State of Himachal Pradesh from time to time regarding the grant of permission to run fair price shops.

3. The Government of Himachal Pradesh took a decision on th January, 1985 that fair price shops under the Public Distribution System would be given to Cooperative Societies and if no Cooperative Societies were available, then to the H.P. State Civil Supplies Corporation could open retail outlets for distribution of essential commodities. This decision was modified on 25th April, 1985 and the State decided that first preference would be given to Cooperative Societies and thereafter the cases Ex-servicemen, handicapped and unemployed educated persons would be considered and lastly the H.P. State Civil Supplies Corporation would be considered for allotment of fair price shops.

4. CWP No. 1037 of 2003 was decided by a learned Single Judge of this Court on 30.04.2007 and the following directions were given:

“i) Re



















































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