CW 5593/10 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.5593/2010 Praveen Kumar Vs. State of Raj. & Ors. Date Of Order :: 18/05/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Anoop Agrawal, for petitioner. Instant petition has been filed by the petitioner against the order dt.11.3.2010 of Deputy Commissioner, Department of Food & Civil Supply passed in compliance of the order of this Court dt.21.10.09 in CWP-6799/07. It appears from the record that a licence of fair price shop-586 was issued to respondent-5, who is physically challenged person but on complaint being made by the petitioner that he is not a bonafide resident of the place where the fair price shop is allotted, his licence was cancelled, against which respondent-5 preferred CWP-6977/07 which was decided by this Court on 21.10.09 with certain directions. In compliance of the directions of this Court, a committee was constituted before whom the petitioner as well as respondent-5 appeared and the committee after taking into consideration the material came on record observed that respondent-5 is CW 5593/10 (2) also the resident of the place where fair price shop was alloted to him and it was further observed to restore the licence of shop alloted to respondent-5 for running fair price shop vide order dt.11.3.2010, impugned herein. It appears that despite the order being passed on 11.3.2010 when the licence to run fair price shop was not restored to him, he approached to the authorities and consequent thereto letter dt.6.4.2010 was sent directing the authority to carry out the decision of the State Government dt.11.3.2010. Counsel submits that finding recorded by the respondent in holding that respondent-5 was a resident of place of shop which was alloted to him is factually incorrect and documentary evidence placed on record has not been examined by the inquiring authority who submitted its report, on the basis of which allotment has been restored vide order impugned dt.11.3.2010. The submission made is without substance for the reason that petitioner and respondent-5 were called upon to participate in the proceedings initiated by the respondent-State and only after affording CW 5593/10 (3) opportunity inquiry committee submitted its report holding respondent-5 eligible being resident of place at which shop was allotted and the respondent-5 being at serial no.1 in the selection list, obviously required to continue the shop and accordingly it was directed to restore back the licence of shop allotted to him. Apart from it, there is no cogent material came on record which may disturb the opinion which has been expressed by the authority under order impugned dt.11.3.2010 and obviously when respondent-5 was at serial no.1 in the select list, has rightly been considered for restoration of the licence of the shop allotted to him. I find no infirmity in the order passed by the respondent dt.11.3.2010. Consequently, the petition being devoid of merit is accordingly dismissed. (Ajay Rastogi),J. VS Shekhawat/-p.3 5593cw10May18Fnl.doc