IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 794 of 2010 Umesh Chandra Agarwal, S/O late Gopinath, R/O 1 Teachers’ Colony, Subhash Nagar, Bazpur, District Udham Singh Nagar. … Petitioner. Versus 1. State of Uttarakhand through Secretary, Food and Civil Supply Department, Dehradun. 2. District Magistrate, Udham Singh Nagar. 3. District Supply Officer, Udham Singh Nagar. … Respondents. Mr. Vipul Sharma, Advocate, learned counsel for the petitioner. Mr. K.P.Upadhyay, learned Additional C.S.C. for the respondents. Date May 21, 2010. Hon’ble B.S.Verma, J. (Stay Application No. 3884 of 2010) Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 12.1.2009 (Annexure No. 5 to the writ petition) passed by the respondent no.1, the consequential order dated 12-1-2009 (Annexure No. 3 to the writ petition) passed by respondent no. 2, the impugned order dated 29-9-2009 passed by respondent no. 1 (Annexure no. 6 to the petition) and consequential order dated 3- 10-2009 passed by respondent no. 2 (Annexure No. 7 to the writ petition). Relevant facts, giving rise to the present writ petition, in brief, are that an advertisement was issued by the Food and Civil Supplies Department and the District Administration Udham Singh Nagar, whereby applications for allotments of 21 fair price shops in district Udham Singh Nagar were invited. As many as 214 candidates including the petitioner applied for allotment of fair price shops. A selection committee comprising as many as seven Officers as Members etc. and headed by the Additional District Magistrate, Udham Singh Nagar examined the applications on the basis of suitability on 30-12-2008 and, ultimately, after scrutiny, 14 2 shops were recommended by the Selection Committee to be allotted to the eligible candidates at different places/Wards within the district as mentioned in Annexure No.2. The recommendations were approved by the then District Magistrate Udham Singh Nagar on 6-1-2009. It also appears that one of the allottees Mr. Susheel Kumar moved an application under the Right to Information Act and, thereafter, it was revealed that under the orders of the Secretary, Food and Civil Supplies Department Uttarakhand Shasan dated 12-1-2009, the allotment of fair price shops had been suspended until further orders. An enquiry was ordered to be conducted by the Regional Food Controller, Garhwal Region Dehradun under the orders of the State Government in the matter of irregularities committed in the allotment process of fair price shops in district Udham Singh Nagar. It appears that the enquiry report was submitted to the State Government and on the basis of the enquiry report, the Government took a decision to cancel the allotments of 14 fair price shops, as recommended by the Additional District Magistrate Udham Singh Nagar and directed the District Magistrate to cancel the allotments of fair price shops with immediate effect. Consequently, the District Magistate by his order dated 3-10-2009 cancelled the allotments of the fair price shops. Aggrieved by the aforesaid orders, the present writ petition has been filed by the petitioner, on the ground that the impugned orders have been passed in an arbitrary and illegal manner and that too without any notice and opportunity of hearing to the petitioner. In the course of arguments, the learned counsel for the petitioner has urged that the controversy involved in the present writ petition has already been resolved by this Court vide order dated 6-5-2010 passed in Writ Petition (M/S) No. 642 of 2009, Susheel Kumar and five others Vs. State of Uttarakhand and two others. Learned counsel has also submitted that the orders impugned in the present writ petition have been set aside by this Court and the writ petition has been allowed. The present writ 3 petition is squarely covered by the order dated 6-5-2010 and same may be allowed in terms of the order dated 6-5-2010 passed in Writ Petition (M/S) No. 642 of 2009, Susheel Kumar and five others Vs. State of Uttarakhand and two others. Learned Additional Chief Standing Counsel appearing on behalf of the respondents has fairly conceded that the controversy involved in the present writ petition is almost identical to that of the controversy involved in Writ Petition (M/S) No. 642 of 2009, Susheel Kumar and five others Vs. State of Uttarakhand and two others. I have perused the order dated 6-5-2010 passed by this Court in Writ Petition (M/S) No. 642 of 2009, Susheel Kumar and five others Vs. State of Uttarakhand and two others. The writ petition was allowed. It is not disputed that the petitioner Umesh Chandra Agrawal was also recommended one fair price shop at Ward No. 4 Gandhi Nagar, Bazpur by the Selection Committee headed by the Additional District Magistrate Udham Singh Nagar, which was approved by the then District Magistrate. The controversy being identical, the present writ petition is liable to be allowed in terms of the order dated 6-5-2010 passed in Writ Petition (M/S) No. 642 of 2009, Susheel Kumar and five others Vs. State of Uttarakhand and two others. The writ petition is allowed in terms of the order dated 6-5-2010 passed in Writ Petition (M/S) No. 642 of 2009, Susheel Kumar and five others Vs. State of Uttarakhand and two others. The impugned orders are set aside. Costs easy. The respondents are directed to complete further formalities to make available the fair price shops to the applicant- petitioner in accordance with the Rules, which were recommended by the Selection Committee and approved by the District Magistrate, Udham Singh Nagar. (B.S.Verma, J.) RCP 4