Kailash v. Government Of NCT Of Delhi Through Commissioner Cum Secretary & ANR
$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10219/2019 & CM APPL. 42132/2019 KAILASH ..... Petitioner Through:
Mr.Nipun Arora, Adv.
versus GOVERNMENT OF NCT OF DELHI THROUGH:
COMMISSIONER CUM SECRETARY & ANR ..... Respondents Through:
Mr.Shadan Farasat, ASC/GNCTD with Ms.Jahanvi Sindhu & Ms.Hafsa Khan, Advs. with Mr.Huckam Chand, Asst. Commr. F&S Dept.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 12.03.2020 In spite of an opportunity being granted, the counter affidavit has not been filed.
The grievance of the petitioner in the present petition is that despite being recommended by the Selection Committee for issuance of a regular license, the respondent no. 1 instead of issuing the license to the petitioner, had issued a Public Notice inviting applications for grant of temporary licenses for running Fair Price Shops in the same area. The learned counsel for the respondents submits that a decision on the Selection Committee's recommendation could not be taken as Commissioner Food and Supplies, Government of NCT of Delhi, has only
now been designated as the Competent Authority. By an interim order dated 20.09.2019, the respondents were restrained from awarding the Fair Price Shops to any third party pursuant to the Public Notice dated 12.09.2019. The said order is continuing. In view of the submission of the learned counsel for the respondents, the present petition is disposed of directing the Competent Authority to take a decision on the recommendation of the Selection Committee within a period of four weeks from today. Incase the petitioner is aggrieved of the decision so taken, it shall always be open to the petitioner to challenge the same in accordance with law. In the meantime the respondents shall not award any licenses pursuant to the Public Notice dated 12.09.2019 to any third party.
The respondent shall pay a cost of Rs. 10,000/- to the petitioner for the present petition.
NAVIN CHAWLA, J MARCH 12, 2020/rv