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GANESH RAM MEENA
Rukmani Devi Choudhary – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
S.B. Civil Writ Petition No. 11373/2020
1. Mr. Hari Mohan, husband of the petitioner in S.B. Civil Writ Petition No. 11373/2020, present in person, submits that the licence of fair price shop which was in the name of his wife, has been illegally cancelled by the respondent vide order dated 07.09.2020. It is also submitted that earlier the licence was suspended vide order dated 23.01.2020, against which he preferred Civil Writ Petition No.7827/2020, wherein the High Court passed an interim order dated 30.07.2020, staying the operation of suspension of licence of fair price shop. During pendency of the writ petition and staying the operation of the suspension order, the respondent could not cancell the fair price shop licence.
2. Per contra, learned counsel for the State submits that the order dated 07.09.2020, which is under challenge in the present writ petition is an appealable order. Clause 22 of the Rajasthan Foodgrains and Other Essential Articles (Regulation of Distribution) Order, 1976 (for short 'Order of 1976') provides for an appeal before the District Collector against the order of cancellation of fair price shop and in view of that the petitioner has alternative ef
The existence of an alternative statutory remedy precludes the court from intervening under Article 226 of the Constitution.
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 cancellation of a fair price shop licence without granting a personal hearing violates the principle of natural justice under Article 14 of the Constitution.
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.
Suspension of fair price shop license was arbitrary as it violated prescribed procedures, warranting judicial intervention despite alternative remedies.
License of fair price shop was cancelled only on the ground of lodging of FIR as well as pendency of criminal case. Apart from that there is no allegation with regard to black marketing or misuse of ....
Licenses for fair price shops cannot be cancelled solely based on the lodging of an FIR against the licensee; due process and inquiry must be followed.
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