CM SAI RAM STORE v. COMMISSIONER OF FOOD & SUPPLIES DELHI & ANR

Delhi High Court · 08 Apr 2010 · 2010:DHC:10393
S. Muralidhar
Writ Petition (Civil) No. 808 of 2009
2010:DHC:10393
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the petition seeking a mandamus for allotment of a Fair Price Shop licence due to a government freeze on new allotments under a departmental circular.

Full Text
Translation output
HIGH COURT OF DELHI
WRIT PETITION (CIVIL) No. 808 of 2009 CM SAI RAM STORE Petitioner
Through: Mr. Yogesh Kumar, Advocate
VERSUS
COMMISSIONER OF FOOD & SUPPLIES DELHI & ANR Respondents
Tlirough: Mr. Rohit Madan with Mr. Arvind Gopal, Advocate
CORAM : JUSTICE S. MURALIDHAR
08.04.2010 CM APPLNo. 1767/2009 Exemption allowed subject to all just exceptions.
The application is disposed of.
WP (Civin No. 808/2009
ORDER

1. The grievance of the Petitioner is that he has not been issued a licence for running a Fair Price Shop ('FPS') in the notified area of Meet Nagar, Delhi in Circle 46.

2. In the counter affidavit filed on behalf of the Respondents, a reference is made to a Circular dated 30^ May 2008 issued by the Department ofFood Supplies & Consumer Affairs deciding to freeze the number of FPSs and 2010:DHC:10393

3. In view of the above factual position, this Court fails to appreciate how a mandamus can be issued to the Respondents to allot an FPS to the Petitioner even ifhe is otherwise eligible.

4. As and when the situation changes and the aforementioned circular is modified or withdrawn, the Petitioner's case can be considered by the Respondent in accordance with law.

5. The petition is disposed of.

S. MURALIDHAR, J.