Rule.
Heard with regard to interim relief. The first objection on the part of the respondent is with regard to availability of alternative remedy. However, I issued Rule bearing in mind the fact that the appellate authority, namely the District Collector is alleged to have remained present when the decision for allotment of fair price shop was taken by the concerned committee. In that view of the matter, it cannot be said that the remedy of appeal would be an efficacious remedy, which is arising from Food & Civil Supplies Department GR No. Ka VBHD/1091/5277/Ka dated 17/1/1992. The second objection is with regard to the petitioner coming before this Court quite late so as to have any interim relief. The order of allotment which has been challenged in this petition is dated 17/6/1996. The petition is stated to have been filed on 2/7/1996. On 3/7/1996 first order was passed issuing notice returnable on 5/7/1996. On 5/7/1996 the matter was adjourned to 10/7/1996 with this order :-
"In the meanwhile, status-quo as on today, shall be maintained."
Thereafter there are number of dates on which there is no extension of the order. However, it is the submission of Mr. Raval that the aforesaid order was not limited upto 10/7/1996. Be that it may. The respondent no.6 has come out with a positive case that not only was the order passed on 17/6/1996, the order was implemented immediately and the respondent no.6 started operating the fair price shop also immediately. The Yadi, copy whereof has been supplied to Mr. Raval, is dated 1/7/1996 and the same speaks of allotment of card holders to the respondent no.6. In that view of the matter, the implied request of Mr. Raval to pass a mandatory direction cannot be granted. The request is implied in asmuchas Mr. Raval seeks to have the aforesaid relief continued, which is of no consequence. Hence, at the time of disposal of the petition appropriate relief, if the petitioner succeeds, might be granted. In view of what is stated above, there is no question of granting interim relief. Order accordingly.
Mr. Raval prays for continuance of interim relief of status-quo. The request can only be acceded to by saying that status-quo as on today shall remain in force for a period of two weeks from today.
Date : 26/9/1996.(M.S.Parikh, J.)