JUDGMENT

01. 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.

02. 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.

03. The existing Fair Price Shop at Village Dugli according to the petitioner is catering to the rationees not only from village Dugli but also of villages of Dharafra and Chilly. In fact, the Tehsil Supply Officer, Food, Civil Supplies and Consumer Affairs Department, Doda had recommended the case of the petitioner for issuance of Fair Price Shop at Village Dugli-B as in Village Dugli, a Fair Price Shop was already existing, therefore, two Fair Price Shops were sanctioned, one at Dugli and another at Dulgi-B, having a distance of more than 2 Kms.

04. Keeping in view the new location of Fair Price Shop center Dugli- B, the rationees of village Dharafra were amongst the 227 rationees attached to the petitioner’s Fair Price Shop at Dugli-B. The petitioner submits that there were 588 families which were attached with the original Fair Price Shop in Village Dugli, 250 families from the same were detached and allotted to the petitioner leaving behind only 338 families with the existing dealer at Dugli.

05. The respondents, in terms of Government Order No. 64-FCS&CA of 2018 dated 08.03.2018 have ordered detachment of 227 families from the existing Fair Price Shop. These 588 families were entitled for ration from the Fair Price Shop catering to Village Dugli, Dharafra and Chilly and out of these 588 families, petitioner has been allotted 250 families, whereas, existing Fair Price Shop at Dugli was catering to the rest of 388 families, thus, detachment of 227 families from the existing Fair Price Shop dealer would result more families being detached from the Fair Price Shop operated by him which is against the policy framed by the Government i.e. minimum 250 rationees for every Fair Price Shop. The Government Order No. 127-FCS&CA of 2016 dated 04.08.2016 which stipulates that new Fair Price Shop is to be opened only for 250 ration tickets. The Tehsil Supply Officer of Bhala vide his communication dated

03.05.2017 has also clarified this fact.

06. The petitioner is, thus, aggrieved of Government Order No. 64- FCS&CA of 2018 dated 08.03.2018 granting sanction to respondent No. 5 for opening of Fair Price Shop at Village Dharafra, Tehsil Bhala, District Doda as the same is contrary to the policy framed by the respondent for allotment of Fair Price Shop. The opening of Fair Price Shop, as per the petitioner, in the absence of the rationees to whom it has to cater is bad and, as such, same is required to be set aside. The order of detaching the rationees from the existing Fair Price Shop of the petitioner will leave only 88 families and this will not only be against policy but also affect him harshly. The petitioner, thus, seeks quashing of Government Order No. 64-FCS&CA of 2018 dated 08.03.2018 whereby license for Fair Price Shop has been issued in favour of the respondent No. 5 for location at Dharafra and also a direction to the