Himachal Pradesh High Court

CWP/1094/2019 of THE HANOH COOPERATIVE AGRICULTURE SERVICE SOCIETY AND ANOTHER Vs STATE AND OTHERS on 31 December 2021

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HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 31st DAY OF DECEMBER 2021 BEFORE HON’BLE MS. JUSTICE JYOTSNA REWAL DUA CIVIL WRIT PETITION No. 1094 OF 2019 Between:- 1. THE HANOH COOPERATIVE, AGRICULTURE SERVICE SOCIETY LTD. P.O. HANOH, TEHSIL BHORANJ, DISTRICT HAMIRPUR, HIMACHAL PRADESH,

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 31[st] DAY OF DECEMBER 2021

BEFORE

HON’BLE MS. JUSTICE JYOTSNA REWAL DUA

CIVIL WRIT PETITION No. 1094 OF 2019

Between:-

1.

THE HANOH COOPERATIVE, AGRICULTURE SERVICE SOCIETY LTD. P.O. HANOH, TEHSIL BHORANJ, DISTRICT HAMIRPUR, HIMACHAL PRADESH, THROUGH ITS PRESIDENT.

2.SH. HUKAM CHAND CHAUHAN,S/O SH. LEHNA SINGH,R/O VILLAGE & P.O. HANOH,TEHSIL BHORANJ, DISTRICT HAMIRPUR,PRESIDENT, THE HANOH COOPERATIVE,AGRICULTURE SERVICE SOCIETY LTD.,P.O. HANOH, TEHSIL BHORANJ,DISTRICT HAMIRPUR, HIMACHAL PRADESH.

…..PETITIONERS

(BY SH. RAKESH DHAULTA, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH THE PRINCIPAL SECRETARY (FOOD, CIVIL, SUPPLIES & CONSUMER AFFAIRS DEPARTMENT) GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

2. THE DIRECTOR, FOOD, CIVIL, SUPPLIES & CONSUMER AFFAIRS DEPARTMENT KASUMPATI, SHIMLA-171009.

3. DISTRICT CONTROLLER FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS, HAMIRPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH. DISTRICT HAMIRPUR, HIMACHAL PRADESH.

AND CONSUMER AFFAIRS, HAMIRPUR,

4. SMT. MANJU BALA,

R/O VILLAGE DADU P.O. BAROH,TEHSIL BHORANJ, DISTRICT HAMIRPUR,HIMACHAL PRADESH.

.....RESPONDENTS

(SMT. RITTA GOSWAMI, ADDITIONAL ADVOCATE GENERAL WITH SH. VIKRANT CHANDEL, DEPUTY ADVOCATE GENERAL FOR R-1 TO R-3, SH. R.K. SHARMA, SR. ADVOCATE WITH SH. ARUN KUMAR, ADVOCATE FOR R-4.

Whether approved for reporting?

_________________________________________________

This petition coming on for hearing this day, theCourt passed the following:

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O R D E R

Petitioner is a Cooperative Agriculture Societyregistered under the Himachal Pradesh Cooperative SocietiesAct, 1968. It seeks cancellation of allotment of a Fair Price Shopand its subsequent renewal in favour of respondent No.4.

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

3. On the recommendation of the District Level PublicDistribution System Committee, a Fair Price Shop wassanctioned on 3.1.2018 in favour of respondent No.4 at VillageDadu, Tehsil Bhoranj, District Hamirpur. Petitioner Society preferred CWP No.39/201, titled The Hanoh Cooperative &Another Vs. State of Himachal Pradesh & Another, with aprayer to quash the notification dated 2.8.2014. During pendencyof the writ petition, the respondent-State conceded the claim ofthe petitioner that the guidelines so framed and circulated werenot in consonance with provisions contained in Section 12(e) ofthe National Food Security Act, 2013. Taking note of thissubmission, the writ petition was disposed of on 29.05.2018 witha direction to the respondent-State to take decision in the matterwithin two months.

Subsequently, in compliance to the aforesaid judgment, respondent-State issued notification dated 26.11.2018framing fresh guidelines for opening of the Fair Price Shops. Theorder of preference for allotment of Fair Price Shops as indicatedin the aforesaid notification reads as under:- “5. The order of preference of allotment of FPS shall be asunder:-

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

(ii) . Second Priority: Ekal Nari (as defined by the Departmentof 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 familymember 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, DistrictHamirpur was in terms of old notification dated 2.8.2014. Itappears from the record that the allotment in favour ofrespondent No.4 was renewed up-to 31.12.2021. The periodexpires today. Since the respondents have issued freshnotification on 26.11.2018 containing amended guidelines forallotment of Fair Price Shops and also considering the fact thatthe period of operation of Fair Price Shop sanctioned in favourof respondent No.4 expires today i.e. 31.12.2021, therefore, thepresent petition is disposed of with a direction to therespondent-State not to renew the licence of Fair Price Shop infavour of respondent No.4 any further beyond 31.12.2021.Respondents are further directed to initiate the fresh process forallotment of Fair Price Shop at Village Dadu, Tehsil Bhoranj,District Hamirpur District Hamirpur, H.P., strictly in accordancewith applicable guidelines. The process so initiated be completed expeditiously. Pending miscellaneous applications, if any, shall also stand disposed of.

Jyotsna Rewal Dua

Judge

31[st] December 2021 (rohit)

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