help plz
Arvind Singh Chauhan
(Querist) 21 May 2011
This query is : Resolved
Gram pradhan had no right to cancel the licence of fair price shop. But he do so. In pursuance of this, D S O attached units of this shop to another shop. We moved injunction suit. Legally right to cancel a licence is with D M, against which appeal lies to commissioner. Court is saying to argue on the point of jurisdiction of civil court. Plz suggest case law/ law/ points for arguement.
KANDE VENKATESH GUPTA
(Expert) 22 May 2011
The subject matter in your case is exercise of jurisdiction by the Gram Panchayat without any support of law and consequential attaching of units to the another shop by the R.D.O based on such cancellation of license by the gram panchayat is also per se illegal and unconstitutional. You should have filed writ petition before the High Court concerned. You file writ petition by narrating all the events questioning the authority of Gram Panchayat.
Arvind Singh Chauhan
(Querist) 22 May 2011
Thanks Gupta Sir for helping hand. Now the Question whether is civil court has jurisdiction or not?
I have refereed Sec 9 of CPC which says " The court shall have jurisdiction to try all suits of civil nature excepting the suit of which their cognizance is expressly or impliedly barred."
But court is not satisfied. Every body knows that every person is not capable to approach to High court and in many cases high court returns the matter saying that "at first you seek the relief" from lower court.
Plz refer favourable citation or law if any.
