[2024:RJ-JP:36559]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10093/2024
Rajendra Kumar S/o Late Shri Komal Chand, Aged About 71
Years, Fair Price Shopkeeper Nangla Raysis And Jaharkheda, Pos
Machine Number 16486, R/o Plot No. 4, Gram Raysis, Katori
Wala Tibara, Alwar (Raj.)
----Petitioner
Versus
1. District Supply Officer, Alwar (Raj.)
2. Bharti Mahila Samuh, Fair Price Shopkeeper, Gram
Sirmauli, Tehsil And District Alwar (Raj.) Ration Dealer
Smt. Beena Gupta, Pos Machine No. 28949
----Respondents
Connected With
S.B. Civil Writ Petition No. 11277/2023
Rajendra Kumar S/o Late Shri Komal Chand, Aged About 70
Years, Fair Price Shopkeeper Nangla Raisis And Jahar Kheda
Pos Machine No. 16486, R/o Plot No.4 Village-Raisis, Katoriwala
Tibara, Alwar.
----Petitioner
Versus
1. The District Supply Officer, Alwar, Rajasthan
2. Bhartiya Mahila Samuh, Fair Price Shop, Goan Sirmoli,
Tehsil And District Alwar, Ration Dealer, Smt. Beena
Gupta, Pos Machine No. 28949.
----Respondents
For Petitioner(s) : Mr. Shashi Bhushan Gupta,
Mr. Chandrahas Choudhary
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
31/08/2024
1. By way of filing SB Civil Writ Petition No. 10093/2024 under
Article 227 of the Constitution of India, petitioner-plaintiff has
impugned the order dated 27.03.2023 passed by the Additional Chief
Judicial Magistrate No.2, Alwar, dismissing his application under
[2024:RJ-JP:36559] [CW-10093/2024]
(2 of 3)
Section 151 CPC, seeking to implement the order dated 02.01.2023
passed by the District Supply Officer, Alwar.
2. Counsel for petitioner does not dispute that the order dated
02.01.2023 has been withdrawn by the District Supply Officer vide
subsequent order dated 19.01.2023 and therefore, his application for
implementation of order dated 02.01.2023 was dismissed on this
count.
3. By way of filing SB Civil Writ Petition No. 11277/2023 under
Article 227 of the Constitution of India, petitioner-plaintiff has
impugned the order dated 19.02.2021 passed by the Civil Judge and
Judicial Magistrate No.1, Alwar, dismissing his application under
Order 39 Rule 1 & 2 CPC, as also the order dated 03.04.2021,
dismissing his misc. appeal filed against the order dated 19.02.2021.
4. Counsels for petitioner-plaintiff, after arguing for some time,
seek permission to withdraw these writ petitions in order to avail the
remedy of filing appeal against the basic order dated 01.07.2015
passed by the District Supply Officer, Alwar, whereby and
whereunder, the area to run fair price shop of petitioner was
changed.
5. This Court finds that the order dated 01.07.2015 is not
impugned in both the writ petitions and further the civil suit for
permanent injunction filed by petitioner, is yet pending before the
Civil Judge No.1, Alwar, therefore, it is open for the petitioner to
move an appropriate application before the trial Judge, seeking for
withdrawal of the suit with liberty to challenge the order dated
01.07.2015. On filing of the application, trial Judge would consider
such prayer in accordance with law.
[2024:RJ-JP:36559] [CW-10093/2024]
(3 of 3)
6. With the aforesaid observations, the present writ petitions
stand disposed of.
7. All pending application(s), if any, stand(s) disposed of.
(SUDESH BANSAL),J
Sachin/106 & C-1