- (1.) The defects as pointed out by the Office are waived. Heard the learned counsel for the appellants on merits. This intra court appeal has been preferred by appellant2 Sharwan Ram @ Sharwan Kumar against the order of the learned Single Judge passed in SB Civil Writ Petition No.11986/2010 dated 18.01.2011, by which the learned Single Judge dismissed the writ of the appellant.
(2.) The necessary facts giving rise to this intra court appeal are that the appellant applied for allotment of fair price shop but he was kept at Sl.No. 1 in the waiting list and the fair price shop was alloted to Deva Ram , respondent No.4 at Dangawas. Against this allotment, the appellant filed writ petition and the learned Single Judge vide order dated 29.05.2008 quashed and set aside the allotment order dated 25.04.2006 made in favour of Deva Ram for the fair price shop situated in village Dangawas and remitted the matter to the District Collector for reconsidering the candidature of Deva Ram and the appellant under priority No.1 . It was further averred that as per rule 3 of the Rajasthan Foodgrains and other Essential Articles (Regulation of Distribution) Order, 1976, the fair price shop can only be allotted by the Collector or any other authority to whom the State Government has granted the power to allot. Against the order of learned Single Judge dated 29.05.2008, Deva Ram respondent No.4, filed an appeal which was dismissed3 by the Division Bench vide its order dated 16.07.2008. Pursuant to the order passed by this Court, the Collector reconsidered the matter and vide order dated 25.07.2008, allotted the fair price shop in favour of the appellant. Respondent No.4 challenged the said order dated 25.07.2008 in revision, before the Addl.Food Commissioner, who allowed the revision on 17.11.2008, whereby the authorisation earlier issued in favour of respondent No.4 was restored. The appellant challenged the order dated 17.11.2008 passed by the Addl.Food Commissioner by way of another writ petition No.9632/2008 and in that, an interim order was passed on 02.12.2008 , whereby the order passed by the Revisonal Authority was stayed. Thereafter an application came to be moved on behalf of respondents for vacation of the interim order and this court vide order dated 09.09.2009 made it clear that by efflux of time the stay granted earlier had expired. After the order dated 09.09.2009 in SBCW Pet. No.9632/2008, the District Supply Officer , Nagaur issued order dated 23.10.2009, authorising respondent No.4 to carry out the distribution of the commodities at village Dangawas. Against the aforesaid order 23.10.2009 , the petitioner - appellant filed the writ petition , which4 was dismissed by the learned Single Judge vide order dated 17.11.2008. Being aggrieved by the aforesaid order of the learned Single Judge, the appellant has preferred this intra court appeal.
(3.) Counsel for the appellant contended that the order of the learned Single Judge is absolutely erroneous and, therefore, the same is required to be quashed and set aside because the learned Single Judge did not appreciate the fact that the District Supply Officer was bound to report the matter to the Collector for authorisation of the fair price shop and he himself could not have issued such authorisation and the learned Single Judge did not consider the merits of the case and passed the impugned order, without observing the relevant facts and law on the question in issue.;