Regulatory frameworks must ensure continuity in essential commodity distribution; Clause 17 of the 2025 Order preserving actions under the 2004 Order is valid to prevent operational vacuums.

JUDGMENT :

SUNITA AGARWAL, J.

1. Heard Mr. Mitul K. Shelat, learned Senior Counsel assisted by Mr. Bhavin B. Thakar, learned Counsel for the petitioner and perused the record.

2. By means of the present petition, the petitioner herein seeks for the following reliefs :-

“(A) The Hon'ble Court may be pleased to issue writ order or direction in the nature of writ of declaration declaring that Clause 17 of the Gujarat Essential Commodities (Licensing of Fair Price Shops) Order, 2025, as being ultra vires and thereupon be pleased to strike down the same; Or alternatively, read down Clause 17 as saving only acts done under the Gujarat Essential Commodities (Licensing to Fair Price Shop) Order, 2004, prior to 01.04.2016;

(B) The Hon'ble Court may be pleased to Declare that the provisions of the Gujarat Essential Commodities (Licensing of Fair Price Shops) Order, 2025, shall be applicable prospectively only to any alleged violations/ contraventions committed on or after 29.07.2025;

(C) The Hon'ble Court may be pleased to Quash the Order dated 29.01.2026 passed by Respondent No.4 in Number/PRV/VBHD/Remand case No 15/2025 (ANNEXURE-B) against the Petitioner.

(E) Pending hearing and final disposal of the petition, the Hon'ble Court be pleased to stay Order dated 29.01.2026 passed by Respondent No. 4 in Number/PRV/VBHD/Remand Case No 15/2025 (ANNEXURE-B) and further be please to permit the Petitioner to continue to operate shop under his license no. 105/2012 on such terms and conditions as may be deemed fit and appropriate in the interest of justice.

F) The Hon'ble Court may be pleased to grant such other and further relief/s as deemed just and proper by this Hon'ble Court in the interest of justice.”

3. The challenge to Clause 17 of the Order of 2025, which saves the previous action undertaken under the Gujarat Essential Commodities (Licensing to Fair Price Shops) Order, 2004 (the “2004 Order”), is on the ground that Clause 17 of the Gujarat Essential Commodities (Licensing to Fair Price Shops) Order, 2025 (the “2025 Order”) is contrary or is inconsistent with the Public Distribution Order dated 20.03.2015 framed by the Central Government, Ministry of Consumer Affairs, Food and Public Distribution, in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 and in supersession of the Public Distribution System (Control) Order, 2001 (the “2001 Order”).

4. Inviting the attention of the Court to Clause 1(2) of the Targeted Public Distribution System (Control) Order, 2015 (the “2015 Order”) issued by the Central Government, it is submitted by the learned Senior Counsel that the provisions of the PDS Order, 2015 came into effect, in so far as the State of Gujarat is concerned, with the implementation of the Food Security Act in the State. The contention is that the 2004 Order which was issued under the 2001 Order issued by the Central Government, ceased to remain into operation. The submission thus is that the action taken against the petitioner under the said 2004 Order, by issuance of the show cause notice dated 06.01.2024 and the proceedings conducted under the 2004 Order were non est.

5. The further contention is that even the fresh proceedings initiated under the show cause notice dated 24.12.2025 after the remand of the matter to the competent authority, in view of the directions issued by this Court in the judgment and order dated 26.09.2025, will also be inconsistent with the 2015 Order and shall have to be declared illegal. In essence, it is sought to be argued by the learned Senior Counsel for the petitioner that no proceeding whatsoever can be undertaken aga