High CourtsSingle Bench(2019) 07 J&K CK 0016

Ulfat Ul Nisa vs State Of Jammu & Kashmir And & Ors

Jammu And Kashmir High Court · Decided on 12 July 2019

HON’BLE JUDGES
Ali Mohammad Magrey, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition (WP) No. 2569 Of 2019, CM No. 5165 Of 2019

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Judgment

14 paragraphs · 271 words

Ali Mohammad Magrey, J

1.

Petitioner claims to be the wife of one Sh. Jamal Hussain, who is stated to have died in September, 2017. It is stated that the deceased was

holding the licence for running a Fair Price Shop dealership at Village Saral, Tehsil Haveli, District Poonch, which upon his demise stand transferred to

the petitioner-wife in terms of order No.DFCS&CAJ/FPS-TRF/JMU/2017-2018/3046-50 dated 23.02.2018 on the conditions detailed out in the order.

It is further stated that on the behest of respondent No.5, who happens to be a Sarpanch of the area, respondent Nos.2 and 4 are in the process of

cancelling the dealership and granting the same to some nearer to the respondent No.5-Sarpanch.

2.

Admittedly, there is no order adverse to the interest of the petitioner as on date and the writ petition is filed on mere apprehension.

3.

Ms. Seema Shekhar, learned Sr. AAG has objection to the question of maintainability of the writ petition on the set of grounds, facts and further

relief being premature and based on mere apprehension.

4.

Be that as it may, since the petitioner claims to be holding a valid licence for running a Fair Price Shop but in the event there is process of making

any alteration or revocation of the order, the principle of natural justice shall be kept in mind.

5.

In view of the above observation, the writ petition is disposed of with the observation that as and when there is any process of alteration or

revocation of the order in question, the same shall be made only after hearing the petitioner.

6.

Disposed of as above.