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GANESH RAM MEENA
Pawan Kumar Sharma S/o Shri Murarilal Sharma – Appellant
Versus
State Of Rajasthan Through Principal Secretary-Cum-Commissioner Food, Civil Supplies, And Consumer – Respondent
JUDGMENT :
1. By filing this writ petition the petitioner has made challenge to the order dated 10.5.2017 passed by the respondent No.2- the Court of Addl. Food Commissioner, Food, Civil Supply Department, Rajasthan, Jaipur, whereby he allowed the revision petition filed by respondent No.7- Pankhilal Meena and set aside the order dated 5.10.2016 passed by the Court of District Collector, Sawai Madhopur. The petitioner has further made a challenge to the order dated 02.06.2017 issued by the Office of the District Supply Officer, Sawai Madhopur, by which the licence of the petitioner for fair price shop for 1/2 part of Gram Panchayat Barnala, Tehsil Bamanwas, District Sawai Madhopur, was cancelled afresh.
2. The facts emerging from the pleadings are that the petitioner is the licence-holder of fair price shop for 1/2 part of Gram Panchayat Barnala, Tehsil Bamanwas, District Sawai Madhopur. The respondent No.7- Pankhilal Meena made some complaints against the petitioner of irregularities including non-opening of the shop, non-distribution of the prescribed quantity of essential commodities, making forged entry in the family ration cards etc. On the complaint made by the respondent No.7,
A complainant has no right to file a revision petition under section 22A of the Rajasthan Foodgrains & Other Essential Articles (Regulations of Distribution) Order, 1976.
The court upheld the cancellation of the petitioner’s fair price shop license due to violations of the Essential Commodities Act, confirming the necessity of a reasonable opportunity to be heard.
The cancellation of a fair-price-shop license is invalid if the authority that conducted the inquiry also decides the merits of the case, violating procedural requirements.
Fair price shop licenses cannot be cancelled without conducting a proper inquiry and adhering to principles of natural justice, including providing a show cause notice and opportunity to respond.
The existence of an alternative statutory remedy precludes the court from intervening under Article 226 of the Constitution.
The main legal point established in the judgment is the requirement for authorities to remand a matter for reconsideration after setting aside orders on technical grounds.
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