S.N. Aggarwal, J:
1. The petitioner in this Writ Petition filed under Article 226/227 of the Constitution of India is aggrieved by the impugned order dated 14.5.2010 (Annexure P/1 passed by the respondent No. 3 thereby cancelling the fair price shop of the petitioner society in view of clause 6 of annexure ii of M.P. Public Distribution System (Control) Order 2009, wherein it has been provided that fair price shop shall be allotted to primary agriculture cooperative society or Vanoupaj cooperative society in rural areas and not to the other society. Petitioner is also aggrieved by the order dated 30.4.2010 (Annexure P/2) passed by the district Supply Officer issuing directions to respondent No. 3 for cancellation of fair price shops.
2. The contention of the learned counsel appearing on behalf of the petitioner is that such a restriction contained in the M.P. Public Distribution System (Control) Order 2009 limiting the allotment of fair price shops only to the primary agriculture cooperative society or Vanoupaj cooperative society in rural areas is contrary to the clause 15 of M.P. Public Distribution System (Control) Order 2009, by which the right of the petitioner society has been protected by repeal and saving clause. Repeal and saving clause contained in the M.P. Public Distribution System (Control) Order 2009 provides that the consequence of the M.P. Public Distribution System (Control) Order 2009 would not be applicable to those societies, who are already running the fair price shop under the M.P. Sarvajanik Nagrik Aporti Scheme, 1991.
3. Mr. Bahirani, learned counsel appearing on behalf of the petitioner has referred to an interim order dated 29th April, 2010 passed by the Division Bench tis Court at main seat at Jabalpur in the writ petition being W.P. No. 5281/2010 allowing the similar society to run the fair price shop till the time challenge to the vires of Clause 4 of M.P. Public Distribution System (Control) Order 2009 is decided. A copy of the order passed by the Division Bench of this Court at main seat has been placed on record and has been perused by this Court. In the said order, the Division Bench of this Court at main seat has referred to similar orders protecting the interest of societies like the petitioner.
4. Smt. Nidhi Patankar, learned Deputy Govt. Advocate appearing on behalf of the respondents submits that the interim stay order passed by the Division Bench of this Court at main seat at Jabalpur shall be taken into account by the respondents while deciding about the cancellation of fair price shops as per the directives of the Collector contained in the impugned orders and therefore, she submits that the Court may dispose of this Writ Petition subject to such order as may be deemed proper in the facts and circumstances of the case.
5. In view of the foregoing and having regard to the peculiar facts and circumstances of the case, this Writ Petition is finally disposed of with the directions to the respondents to allow the petitioner society to run the fair price shop (Public Distribution System) till the time challenge to the vires to Clause 4 of M.P. Public Distribution System (Control) Order 2009 is finally decided in the writ petition being W.P. No. 5283/10 pending at main seat of this Court at Jabalpur.