IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No.5148 2010 Date of decision: 20.12.2010 ------------------------------------------------- The Sihunta Cooperative Multipurpose Petitioner Society Ltd. Versus State of H.P. & others. Respondents Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, J. For the petitioner: Mr.Sanjay Jaswal, Advocate. For the respondents: Mr. R.K. Bawa, Advocate General with Mr. J.K.Verma, Deputy Advocate General, for respondents No. 1, 2, 4 and 6. Ms. Bhawna Dutta, Advocate, for respondents No. 3 and 5. Justice Kurian Joseph,C.J.(Oral): The petition is filed with the following prayers: “(i)That writ in the nature of mandamus may kindly be issued, directing the respondents to issue the permit as well as to supply the essential commodities (food items) to the petitioner’s society as the petitioner fulfils all the codal formalities for the installation of Fair Price Shop at Village Sihunta, District Chamba, H.P. (ii)That writ in the nurture of mandamus may kindly be issued, directing the respondents to enhance the period of validity of Authorisation for the period, for which, the permit to run Fair Price Shop has not been granted i.e. further period of 8 months from the date 2 of expiry of validity period of authorisation. 2. In the reply filed by respondents No. 1, 2, 4 and 6, which is adopted by respondents No. 3 and 5, it is stated in the preliminary submissions as follows:- “That the petitioner society neither visited the office of replying respondent nor applied for the issuance of permit after the issuance of authorization to the society except a letter dated 24-09-2010 submitted to the replying respondent department for the release of quota of specified articles for the month of October, 2010 on 24-09-2010 (Copy of letter is enclosed as annexure R-1 with its true English version as annexure R-1/A for kind perusal of this Hon’ble Court). After the receipt of letter the replying respondent issued a permit to the said society and the society lift the specified articles from the wholesale godown HP State Civil Supplies Corporation Sihunta, District Chamba, HP on 24-09-2010. Certificate in this regard issued by the Secretary of the Society on 24-09-2010 is enclosed as annexure R-2 with its true English version as annexure R-2/A for kind perusal of this Hon’ble Court. The relief prayed by the petitioner society in the Civil Writ Petition has been given by the replying respondent and the writ becomes infructuous and the same is liable to be dismissed.” 3. In view of the stand taken by the respondents, in case the petitioner has any surviving grievance, it will be open to the petitioner to approach the fourth respondent, 3 in which case, the matter will be duly considered by the fourth respondent and appropriate timely action will be taken by the said respondent in accordance with law. 3. With these observations, the writ petition stands disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph) Chief Justice December 20, 2010 ( Justice V.K. Ahuja ), (BSS/Tilak) Judge 4 5