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SUMER SINGH v STATE OF RAJASTHAN AND ORS - CW Case No. 734 of 2007  RD-RJ 2062 (17 April 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR.
State and ors.
S.B. CIVIL WRIT PETITION NO.734/2007
Date of Order : 17/4/2007.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri Nav Ratan Singh for the petitioner.
Heard learned counsel for the petitioner.
The petitioner has challenged the order dated /1/2007 whereby the allotment of Fair Price Shop has een made in favour of Matadeen Meena, respondent No.4.
Learned counsel for the petitioner argued hat there were in all five applicants and petitioner as one of them. Name of respondent No.4 was placed at
Sr.No.2 in the merit list but respondents have illegally made allotment of the Fair Price Shop to him in preference to the petitioner. It was argued that the impugned-order therefore, being illegal is liable to be set-aside.
On hearing learned counsel for the petitioner and perusing the impugned-order, I find that there is a provision of appeal under the provisions of Clause 22 of the Rajasthan Foodgrains & Other Essential Articles
(Regulation of Distribution) Order, 1976 to the District
Collector. In the face of alternative remedy of appeal,
I do not find any extraordinary reason to entertain this writ petition.
If the petitioner is aggrieved by the allotment order made in favour of respondent No.4, appropriate remedy for him to challenge the same would be to file appeal before Food Commissioner under Clause 22 of the
Rajasthan Foodgrains & Other Essential Articles
(Regulation of Distribution) Order, 1976. If the appeal is filed within four weeks, the concerned authority shall decide the same after hearing petitioner as well as respondent No.4 in accordance with law as early as possible but not later than six months from the date of submissin of such appeal.
With this observation, the petition is dismissed.(MOHAMMAD RAFIQ), J.
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