CWP/1094/2019 on 31 December 2021

O R D E R

Petitioner is a Cooperative Agriculture Society registered under the Himachal Pradesh Cooperative Societies Act, 1968. It seeks cancellation of allotment of a Fair Price Shop and its subsequent renewal in favour of respondent No.4.

2. On 2.8.2014, a notification was issued by the State of Himachal Pradesh framing the guidelines for opening of new Fair Price Shops.

3. On the recommendation of the District Level Public Distribution System Committee, a Fair Price Shop was sanctioned on 3.1.2018 in favour of respondent No.4 at Village Dadu, Tehsil Bhoranj, District Hamirpur. Petitioner Society

preferred CWP No.39/201, titled The Hanoh Cooperative & Another Vs. State of Himachal Pradesh & Another, with a prayer to quash the notification dated 2.8.2014. During pendency of the writ petition, the respondent-State conceded the claim of the petitioner that the guidelines so framed and circulated were not in consonance with provisions contained in Section 12(e) of the National Food Security Act, 2013. Taking note of this submission, the writ petition was disposed of on 29.05.2018 with a direction to the respondent-State to take decision in the matter within two months. Subsequently, in compliance to the aforesaid judgment, respondent-State issued notification dated 26.11.2018 framing fresh guidelines for opening of the Fair Price Shops. The order of preference for allotment of Fair Price Shops as indicated in the aforesaid notification reads as under:- “5. The order of preference of allotment of FPS shall be as under:-

(i) . First Priority: Public Institutions or public bodies such as Panchayats, self help groups, co-ooperatives, in licensing of fair price shops and management of fair price shops by women or their collectives.

(ii) . Second Priority: Ekal Nari (as defined by the Department of Women and Child Development, Govt. of HP), Widow(s) raising children on their own, physically handicapped person (as defined in the Person with Disabilities (Equal

Opportunities, Protection of Rights and Full Participation) Act, 1995) capable of efficiently handling the FPS operations, Ex- Servicemen/unemployed educated person with no family member in regular empoloyment.

(iii) . Third Priority: H.P. State Civil Supplies Corporation Ltd.”

4. Original allotment of Fair Price Shop in favour of respondent No.4 at Village Dadu, Tehsil Bhoranj, District Hamirpur was in terms of old notification dated 2.8.2014. It appears from the record that the allotment in favour of respondent No.4 was renewed up-to 31.12.2021. The period expires today. Since the respondents have issued fresh notification on 26.11.2018 containing amended guidelines for allotment of Fair Price Shops and also considering the fact that the period of operation of Fair Price Shop sanctioned in favour of respondent No.4 expires today i.e. 31.12.2021, therefore, the present petition is disposed of with a direction to the respondent-State not to renew the licence of Fair Price Shop in favour of respondent No.4 any further beyond 31.12.2021. Respondents are further directed to initiate the fresh process for allotment of Fair Price Shop at Village Dadu, Tehsil Bhoranj, District Hamirpur District Hamirpur, H.P., strictly in accordance with applicable guidelines. The process so initiated be completed expeditiously. Pending miscellaneous applications, if any, shall also stand disposed of.

Jyotsna Rewal Dua

Judge 31st December 2021 (rohit)