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2023 Supreme(Raj) 509

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA, J.
Pooranmal Gurjar S/o Shri Parsadi Gurjar – Petitioner
Versus
Additional Food Commissioner, Food and Civil Supplies Department – Respondent
S.B. Civil Writ Petition No. 21165 of 2019
Decided On : 01-05-2023

Advocates:
Advocate Appeared:
For the Petitioner: Shashank Shekhar Pachauri.
For the Respondent: Bharat Singh Gurjar.

Headnote:

Power of High Court to issue certain writs - Appellate Authority - Writ petition has been filed by petitioner assailing order passed by Court Food Commissioner revision petition filed by petitioner against order passed by Court of District Collector - Held, Court impugned orders cannot be allowed to be sustained order license of petitioner fair price shop for Gram Panchayat Amargarh Tehsil Gangapur District Sawai is restored respondents are directed to allow petitioner to continue with fair price shop restore supply of food-grains and articles to petitioner for distribution - Writ petition stands allowed.

JUDGMENT :

GANESH RAM MEENA, J.

1. The instant writ petition has been filed by the petitioner assailing the order dated 06.02.2019 passed by the Court of Addl. Food Commissioner, Food, Civil Supply Department, Rajasthan, Jaipur (for short ‘the Revisional Authority’), whereby the revision petition filed by the petitioner against the order dated 31.07.2018 passed by the Court of District Collector, Sawai Madhopur (for short ‘the Appellate Authority’), was dismissed. The Appellate Authority vide its order dated 31.07.2018 dismissed the appeal filed by the petitioner/ appellant against the order dated 22.12.2017 issued by the District Supply Officer, Sawai Madhopur, whereby the licence of petitioner’s fair price shop was cancelled.

2. The brief facts relevant for consideration by this Court are that the petitioner was having licence of fair price shop for half part of Gram Panchayat Amargah, Tehsil Gangapur City, District Sawai Madhopur. The Government of Rajasthan issued orders dated 30.06.2016, 19.07.2016 and 05.08.2016 in relation to distribution of food articles by way of PoS machine. The District Supply Officer, Sawai Madhopur, vide order dated 27.06.2016 cancelled the licence of petitioner’s fair price shop in view of allegations leveled against him. The petitioner challenged the order dated 27.06.2016 by filing an appeal before the Appellate Authority, which was allowed after considering the material available on the record and the licence of petitioner’s fair price shop was revived.

Again certain persons leveled allegations against the petitioner vide complaint dated 13.09.2017 that the petitioner is not distributing the food items in time. Proceedings were started against the petitioner and vide order dated 22.09.2017, the licence of petitioner’s fair price shop was placed under suspension.

3. In view of the allegations made against the petitioner, an inquiry was conducted by the Enforcement Inspector, who submitted his report. On the basis of the report, a show-cause notice dated 6.12.2017 was issued to the petitioner to submit his explanation on or before 19.12.2017 at 11:00 AM. In response to the show-cause notice, the petitioner submitted his explanation on 19.12.2017. The District Supply Officer, Sawai Madhopur, vide its order dated 22.12.2017 cancelled the licence of petitioner’s fair price shop. Against the order of cancellation of licence, the petitioner preferred an appeal before the Appellate Authority, which was dismissed vide order dated 31.07.2018. Thereafter, the petitioner filed the revision petition before the Revisional Authority, which was also dismissed vide its order dated 06.02.2019. Against the order passed in the revision petition, the petitioner also moved a review petition before the Court of the Addl. Food Commissioner, Food, Civil Supply Department, Government of Rajasthan, Jaipur, which was dismissed vide order dated 30.10.2019 by observing that there is no provision under the law to entertain the review petition.

4. Counsel appearing for the petitioner submitted that the order of cancellation of licence of petitioner’s fair price shop issued by the District Supply Officer, Sawai Madhopur, is in violation of the principles of natural justice and the Sub Divisional Officer passed the aforesaid order of cancellation of licence without giving the petitioner fair and property opportunity. He further submitted that no documents including the inquiry report which has been used against the petitioner were ever served upon him. He also submitted that the false allegations have been leveled against the petitioner by some persons because of enmity and the complainants being annoyed by revival of licence of petitioner’s fair price shop under the order of the District Supply Officer, District Collector, Sawai Madhopur, who allowed the appeal of the petitioner against the cancellation of licence of petitioner’s fair price shop. He submitted that though the allegations against the petitioner are false and the vari

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