CW No.507/2005 - Shobha Ram Meena Vs. State of Rajasthan & Ors. : order dt.13.3.08 1/3 S.B. CIVIL WRIT PETITION NO.507/2005 Shobha Ram Meena Vs. State of Rajasthan & Ors. Date of order : 13th March, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. N.K. Vyas for the petitioner. Mr. Anil Lohiya, Dy. Government Counsel. --------- 1. The grievance raised by the petitioner in the present case is that the learned Divisional Commissioner wrongly dismissed his appeal under Order 22 of the Rajasthan Food Grains and Other Essential Articles (Regulation and Distribution) Order, 1976 vide impugned order Annex.10 dated 16.7.2004 whereas the same authority in similar circumstances allowed the appeal of Hansraj Teli vide order Annex.13 dated 30.7.2004 holding that the Collector under Order 22 of the Act could not have passed the order in the first instance and thus, the matter was remanded back to the District Supply officer, Chittorgarh for giving an opportunity of hearing to the said dealer Hansraj Teli and pass appropriate orders in accordance with law. 2. Learned counsel for the petitioner N.K. Vyas has CW No.507/2005 - Shobha Ram Meena Vs. State of Rajasthan & Ors. : order dt.13.3.08 2/3 submitted that in the present case in similar circumstances when the Collector passed the order in the first instance on 9.3.2004, the dealer, the present petitioner preferred an appeal under Order 22 of the aforesaid order but the Divisional Commissioner rejected said appeal by the impugned order dated 16.7.2004. He submits that in this manner his right of being heard by the original adjudicating authority i.e. District Supply Officer was taken away so also the right of his appeal under Order 22 of the Order which lies to the Collector was also taken away. 3. In view of the facts and circumstances narrated above, this Court is satisfied that the learned Divisional Commissioner adopted two yardsticks for two similarly situated persons before him in a difference of a fortnight. The petitioner was apparently deprived of his right to be heard by the original adjudicating authority i.e. District Supply Officer, Chittorgharh and also right of his appeal to the Collector since in the present case the Collector himself passed the order in the first instance as original adjudicating authority. 4. In the facts and circumstances of the case, this writ petition is allowed and the impugned order passed by the learned CW No.507/2005 - Shobha Ram Meena Vs. State of Rajasthan & Ors. : order dt.13.3.08 3/3 Divisional Commissioner Annex.10 dated 16.7.2004 as well as the order passed by the learned District Collector dated 9.3.2004 are quashed and set aside and the matter is remanded back to the District Supply Officer, Chittorgarh, who may hold an enquiry in the matter and pass fresh orders in accordance with law after giving an opportunity of hearing to the petitioner. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.21 babulal/-