1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.845/2008 (Mahaveer Sihag Vs. State of Raj. & Ors.) Date of order : 05.02.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. N.L. Joshi, for the petitioner. Heard learned counsel for the petitioner. By way of filing the present writ petition, the petitioner has challenged the order dated 18.9.2007 (Annexure-3) whereby fair price shop for distribution of essential commodities was allotted tot he respondent No.4. It is contended by the learned counsel for the petitioner that though the petitioner is also possessing B.A. qualification and along with his application, he annexed relevant documentary evidence of his graduation but at the time of preparation of list for allotment of fair price shop, it is illegally 2 shown that the petitioner is only qualified to higher secondary and allotment has been made in favour of Balram, showing him as B.A. It is further contended that the recommendations for allotment of fair price shop has been made by Raji Ram, Sarpanch Village Thakri, who is none-else but grand father of Balram - respondent No.4. Likewise, other person Jagdishis also close relative of respondent No.4. Therefore, the allotment is made illegally. It is prayed by the learned counsel for the petitioner that on these two counts, the order passed by District Collector (supply), Sri Ganganagar is illegal. After hearing the learned counsel for the petitioner and perusing the entire pleadings of the case, it is clear that without filing any representation and raising any grievance before the District Collector, the petitioner has straight away preferred this writ petition, seeking mandamus. In the interest of justice, the petitioner may file his representation before the District Collector (Supply), Sri Ganganagar within a period of ten days from today, apprising all above contentions raised by him. Upon filing such representation, the District Collector (Supply), Sri Ganganagar shall decide his representation within ten days thereafter 3 by speaking order after providing opportunity of hearing to the petitioner as well as Balram - respondent No.4. With the above observations/directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun