Newtan Kumar and others Newtan Kumar and others v. State of Punjab and others State of Punjab and others
Case Details
CM-9217-CWP 2011 CWP-20683-2011 CWP-2023 in/and Sr. No.102 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CM CWP CM-9217-CWP-2023 in/and CWP-20683-2011 Date of Decision : 23.01.2025 Date of Decision : Newtan Kumar and others Newtan Kumar and others …Petitioners Versus State of Punjab and others State of Punjab and others …Respondents
Legal Reasoning
by a coordinate Bench of this Court in CWP No.20683-2011. by a coordinate Bench of this Court in CWP No.20683 by a coordinate Bench of this Court in CWP No.20683 Heard. Heard. With the consent of the parties, main case is taken up on Board With the consent of the parties, main case is taken up on Board With the consent of the parties, main case is taken up on Board for hearing today itself. for hearing today itself.
Arguments
CORAM : HON’BLE MS. JUSTICE LAPITA BANERJI HON’BLE MS. JUSTICE LAPITA BANERJI HON’BLE MS. JUSTICE LAPITA BANERJI Mr. Vijay K. Jindal, Advocate, Present : Mr. Vijay K. Jindal, Advocate, for the petitioners. for the petitioners. Mr. Brijesh, AAG, Punjab Mr. Brijesh, AAG, for respondents No.1 to 3. for respondents No.1 to 3. Mr. Parvesh K. Saini, Advocate, Mr. Parvesh K. Saini, Advocate, for respondents No.6, 7, 8, 10, 12, 16, 17, 20 and 22. for respondents No.6, 7, 8, 10, 12, 16, 17, 20 and 22. for respondents No.6, 7, 8, 10, 12, 16, 17, 20 and 22. LAPITA BANERJI, J. (Oral) LAPITA BANERJI *** CM-9217-CWP CWP-2023 filed on behalf of respondents No.1 to 3 This is an application filed on behalf of respondents No.1 to 3 This is an application for vacation of stay imposed vide order dated November 08, 2011 passed for vacation of stay imposed vide order dated November 08, 2011 passed for vacation of stay imposed vide order dated November 08, 2011 passed
Decision
Application is disposed of. Application is Main case Challenge in the present writ petition under Articles 226/227 Challenge in the present writ petition under Articles 226/227 Challenge in the present writ petition under Articles 226/227 of the Constitution of India is to the impugned allotments in favour of the of the Constitution of India is to the impugned allotments in favour of the of the Constitution of India is to the impugned allotments in favour of the private respondents No.6 to 24 by the official respondents and non- private respondents No.6 to 24 by the official respondents and non private respondents No.6 to 24 by the official respondents and non consideration of the petitioners’ applications consideration of the pet itioners’ applications for allotment of fair price shop in their favour. shop in their favour. VANDANA 2025.01.24 15:49 I attest to the accuracy and integrity of this document Page 1 of 3 CM-9217-CWP 2011 CWP-20683-2011 CWP-2023 in/and 2. Vide interim order dated November 8, 2011 Vide order dated November 8, 2011, a coordinate Bench of this Court had directed that no allotment of fair price shop in Bench of this Court had directed that no all Bench of this Court had directed that no all District Bathinda be made, till such time an District Bathinda be made ill such time an affidavit by the respondents- State to traverse traverse the contentions made by the petitioner the contentions made by the petitioners in the writ petition was filed. Thereafter, Thereafter, several adjournments had everal adjournments had been sought for on behalf of the parties. of the parties. 3. When the matter came up for hearing today, it is submitted by When the matter came up for hearing today, it is submi When the matter came up for hearing today, it is submi the learned counsel appearing on behalf of the respondents the learned counsel appearing on of the respondents-State that the writ petition has become infructuous since a new Policy dated June 15, writ petition has become infructuous since a new writ petition has become infructuous since a new 2016 has come into place instead of the previous policy under which the 2016 has come into place instead of the previous policy under wh 2016 has come into place instead of the previous policy under wh petitioners had applied, for grant of license. petitioners had applied, for gr 4. Furthermore, due to the interim order passed by this Court, no Furthermore, due to the interim order passed by this Court, no Furthermore, due to the interim order passed by this Court, no new allotment could be made since November 2011, d new allotment co uld be made since November 2011, due to which there are no ration depots/fair price shop in 61 villages. There are about 177 are no ration depots/fair price shop in 61 villages. There are about 177 are no ration depots/fair price shop in 61 villages. There are about 177 vacancies in the urban areas and 345 in the rural areas vacancies in the urban areas an d 345 in the rural areas in district Bathinda and the beneficiaries are suffering, due to no fault of their own. d the beneficiaries are suffering, due to no fault of their own. 5. Learned counsel for the petitioners submits that he has no Learned counsel for the petitioners submits that he has no Learned counsel for the petitioners submits that he has no made by the petitioners for allotment of a objection if the applications made by the petitioners for allotment of a objection if the application t/fair price shop is considered by the State authorities in ration depot/fair price shop is considered by the State authorities in t/fair price shop is considered by the State authorities in accordance with the prevailing policy as on date. accordance with the prevailing policy as on date. accordance with the prevailing policy as on date. 6. Heard the learned counsel for the H learned counsel for the parties and perused the material on record. material on record. 7. This Court deems it appropriate to direct the respondent This Court deems it appropriate to direct the responden This Court deems it appropriate to direct the responden authorities to consider the applications of the petit authorities to consider the application of the petitioners, in accordance with the policy policy applicable, as on date. VANDANA 2025.01.24 15:49 I attest to the accuracy and integrity of this document Page 2 of 3 CM-9217-CWP 2011 CWP-20683-2011 CWP-2023 in/and 8. In the event, the petitioners submit In the event, the petitioners submit applications by complying with the necessary formalities within one week with the necessary formalities within one week from the date of this order, of the same within a month thereafter. the State authorities shall dispose of the same within a month thereafter. the State authorities s 9. The interim order granted earlier shall continue regarding only The interim order granted earlier shall continue The interim order granted earlier shall continue till such time the State authorities decide the representation four vacancies till such time the State authorities decide the representation four vacancies of the petitioner e petitioners. 10. Needless to mention, in the event the said Needles s to mention, in the event the said applications are not made within 07 days from date,, the interim order shall stand vaca made within 07 days interim order shall stand vacated. 11. h With Wit the directions aforesaid, CWP No.20683-2011 the directions aforesaid, CWP is disposed of. 12. any, shall also stand disposed of. Pending application(s), if any, shall also stand disposed of. Pending application(s), if (LAPITA BANERJI) (LAPITA BANERJI) JUDGE JUDGE January 23, 202 Vandana , 2025 Whether speaking/reasoned : ther speaking/reasoned : Whether reportable : Whether reportable Yes/No Yes/No VANDANA 2025.01.24 15:49 I attest to the accuracy and integrity of this document Page 3 of 3