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SINDHU SHARMA
Vinkle Singh – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
Sindhu Sharma, J.
The petitioner was issued Fair Price Shop licence for opening the same in Village Dugli-B, Tehsil Bhalla, District Doda vide Government Order No. 50-FCS&CA of 2018 dated 20.02.2018. This Government order also directed detachment of 250 ration tickets from the existing sale center at Dugli. On 08.03.2018, the respondent No. 1 vide Government Order No. 64-FCS&CA of 2018 issued Fair Price Shop license in favour of Arvind Kumar-respondent No. 5 for location Dharafra Tehsil Bhalla District Doda and it also directed detachment of 227 families from the existing Fair Price Shop and the same were attached with him.
2. The contention of the petitioner is that after issuance of the Government Order No. 50-FCS&CA of 2018 dated 20.02.2018 in favour of respondent No. 5, the respondent Nos. 3 and 4 are misreading and misinterpreting the said order and applying the same to the rationees attached with the Fair Price Shop of the petitioner. This would mean that the rationees attached to Fair Price Shop operated by the petitioner would decrease considerably from the norm fixed i.e. 250 rationees for every Fair Price Shop.
3. The existing Fair Price Shop at Village Dugli acc
The court upheld the policy allowing a new Fair Price Shop due to population growth, affirming that the petitioner could retain only 250 rationees as per guidelines.
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 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 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.
Authorised authorities may sanction additional fair price shops to improve service for cardholders, provided the minimum card threshold of 500 for rural and 800 for urban areas is maintained for exis....
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....
A person must demonstrate a legal grievance to maintain a writ petition; mere disappointment does not confer locus standi.
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