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HIGH COURT OF JAMMU AND KASHMIR
VINOD CHATTERJI KOUL, J
FAYAZ AHMAD TANTRAY – Appellant
Versus
UNION TERRITORY OF J AND K AND ORS. (FOOD AND SUPPLIES DEPARTMENT) – Respondent
JUDGMENT :
1. Petitioner prays quashing of Order no.39-FCS&CA/AD-Kgm of 2018 dated 20th March 2018 issued by respondents. He seeks to restrain respondents from issuing formal licence and supplying ration in pursuance of impugned order in favour of private respondent. Respondents are also sought to be directed to strictly comply with policy guidelines vis-à-vis opening of New Fair Price Shops under public distribution system.
2. Reply/objections have been filed by respondents.
3. I have heard learned counsel for parties and considered the matter.
4. Petitioner was given licence to run Fair Price Shop in the year 2003 with respect to the area of Kraloo Kund Village of District Kulgam vide Order no.400-DCA&PD of 2003 dated 24th October 2003. According to petitioner there is no feasibility to open New Fair Price Shop in the catchment area serviced by petitioner. Earlier, petitioner filed OWP no.1581/2016, to prohibit official respondents from opening New Fair Price Shop in the locality of Kraloo Kund, Kulgam. In that petition, status quo order dated 29th December 2016 was passed.
5. Learned counsel for petitioner states that impugned order is in violation of policy guidelines qua opening of
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 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.
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 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 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.
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