IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 29^th DAY OF NOVEMBER, 2021 BEFORE HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN &

HON’BLE MR. JUSTICE SATYEN VAIDYA CIVIL WRIT PETITION NO. 1903 of 2021 Between:

THE PRAGATISHEEL COOPERATIVE CONSUMER STORE CO-OPERATIVE SOCIETY LTD., (REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT), THROUGH ITS SECRETARY RATTAN LAL (AGED ABOUT 38 YEARS) SON OF SHRI ROOP SINGH, SUB-

TEHSIL PAJHOTA (NOHRI)

TEHSIL RAJGARH, DISTRICT SIRMOUR, H.P. …PETITIONER (BY MR. NARESH KUMAR TOMAR, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (CO-

OPERATION) TO THE GOVERNMENT OF HIMACHAL PRADESH AT SHIMLA.

2. THE SECRETARY FOOD CONSUMER AFFAIRS & CIVIL SUPPLIES GOVERNMENT OF HIMACHAL PR ADESH AT SHIMLA.

3. CONTROLLER H.P. STATE FOOD, CONSUMER AFFAIRS & CIVIL SUPPLIES GOVERNMENT OF HIMACHAL PRADESH AT SHIMLA, H.P.

DEPUTY COMMISSIONER SIRMOUR AT NAHAN, HIMACHAL PRADESH.

5. DISTRICT CONTROLLER H.P.

STATE FOOD, CONSUMER AFFAIRS & CIVIL SUPPLIES SIRMOUR AT NAHAN, DISTRICT SIRMOUR, H.P.

INCHARGE/INSPECTOR FOOD CONSUMER AFFAIRS & CIVIL SUPPLIES SUB-DIVISION RAJGARH, DISTRICT SIRMOUR, H.P.

…RESPONDENTS (BY MR. ASHOK SHARMA, ADVOCATE GENERAL WITH MR. RAJINDER DOGRA, SENIOR ADDITIONAL ADVOCATE GENERAL MR. VINOD THAKUR AND MR. HEMANSHI MISHRA, ADDITIONAL ADVOCATE GENERALS FOR THE RESPONDENTS-STATE)

This petition coming on for admission this day, Hon’ble Mr. Justice Tarlok Singh Chauhan, J passed the following:

O R D E R

The instant petition has been filed for the grant of the following substantive relief(s):

H “ That impugned order dated 7.1.2021 i.e.

Annexure P-7 may kindly be quashed and set aside in the interest of justice, because the respondents No. 4 and 5 have illegally and arbitrarily and in violation of relevant provisions of law, rules and notification has declined petitioner co- operative society i.e. Pragtisheel Co-operative Consumer Store Co-operative Society Ltd. To allot fair price shop/consumer store in favour of the petitioner society.

ii) That the respondents may kindly be directed to allot fair price shop in favour of Pragtisheel Co-operative Consumer Store Co-operative Society Ltd at village Manwa,.

Post Office Sanora, Sub Tehsil Pajhota (Nohri) Tehsil Rajgarh District Sirmour, H.P. in the interest of justice and fair play.

Iii) That respondents may also directed to reconsider the case of the petitioner society for allotment to petitioner soceity fair price shop/consumer store at village Manwa, Post Office Sanora, Sub-Tehsil Pajhota (Nohri), Tehsil Rajgarh, District Sirmour, H.P., in the interest of justice.”

2. Petitioner is a registered society under Co- operative Societies Act suituated at village Manwa, Post Office Sanora, Sub Tehsil Pajhota, Tehsil Rajgarh, District Sirmour, H.P.

3. According to the petitioner-society, the conshumers availing the benefits under Public Distribution System, were not at all satisfied with the services of the salesman of the depot of the Food and Civil Supplies department and made complaint to this effect, but to no avail.

4. Therefore, the petitioner-society itself applied for opening of a fair price shop at village Manwa, wherein majority of members were having ration cards. Despite this, their prayer for opening of fair price shop was illegally rejected by the respondents vide order dated 7.1.2021, constraining them to file the instant petition.

5. Respondents No. 2 to 6 have contested this petition by filing reply, wherein preliminary ob.jections regarding maintainability of the petition has been raised on the ground that the petitioner has not exhausted an alternate remedy of appeal available uonder Clause 17 of the Himachal Pradesh Specified Essential Commodities (Regulation of Distribution) Order, 2019. In addition, the detailed reasons have been set out by these respondents in the reply as to whoy the request of the petitioner cannot be acceded to.

6. We have heard learned counsel for the parties andh have gone through the material placed on record.

g7. At the very o