IMPORTANT POINT
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.

ORDER :

1. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India with the following prayer:

“(a) That the respondents passed impugned order as dated 22.05.2020 (Annexure-4) and impugned order dated 19.04.2022 (Annexure-5) and impugned order dated 20.09.2023 (Annexure-6) may kindly be quashed and set aside.

(b) The respondents may be directed to petitioner license be restored and hand over the fair price shop immediately.

(c) Any other appropriate relief which this Hon’ble Court deems just and proper in favour of the petitioner may kindly be granted to the petitioner.

(d) The writ petition may kindly be allowed with costs.”

2. Briefly stated the facts of the case are that the petitioner herein was running a fair price shop since 2006 and on 05.08.2016, the District Supply Officer, Chittorgarh issued a show cause notice (Annex.-1) stating therein that certain discrepancies have been found in the fair price shop run by the petitioner as per the report dated 01.08.2016 submitted by the Enforcement Officer, whereby petitioner was directed to submit reply or evidence by 10:00 AM on 03.10.2016 and on the same day, licence of the petitioner for fair price shop was suspended for 90 days vide order dated 05.08.2016 (Annex.2) by District Supply Officer, Chittorgarh. Thereafter, a reply was submitted by the petitioner on 03.10.2016 (Annex.3) to the aforesaid show cause notice dated 05.08.2016. However, the District Supply Officer, Chittorgarh vide order dated 22.05.2020 (Annex.4) cancelled the licence No. 19/2006 which was issued to the petitioner for running fair price shop. Aggrieved by the order dated 22.05.2020, the petitioner herein preferred first appeal before the District Collector, Chittorgarh, however, the District Collector vide order dated 19.04.2022 (Annex.5) upheld the order dated 22.05.2020. Thereafter, aggrieved by the order dated 19.04.2022 passed by the District Collector, the petitioner herein preferred revision petition before the Assistant Food Commissioner, Department of Food and Civil Supplies, Rajasthan, Jaipur and the said revision petition was dismissed vide order dated 20.09.2023 (Annex.6) and orders dated 22.05.2020 and 19.04.2022 were upheld by the revisional authority.

3. At the outset, learned counsel for the petitioner submits that the instant controversy is squarely covered by the order dated 08.07.2022 passed by a Co-ordinate Bench of this Court in the case of Ramesh Chand Vs. State of Rajasthan & Ors. in S.B. Civil Writ Petition No. 8248/2021, wherein, the Co-ordinate Bench had quash the impugned orders on the account that the petitioner had not been afforded a reasonable opportunity of hearing and had also directed the petitioner to appear before the concerned District Supply Officer and file his reply while affording the petitioner an opportunity of hearing. The said order is reproduced hereunder:

“The case comes up on an application for early listing of the case.

For the reasons mentioned in the application the same is allowed.

With the consent of the parties, the matter is being heard and decided finally, today itself.

The petitioner has preferred the present writ petition with the grievance that the impugned order dated 22.07.2020 canceling petitioner’s license has been passed without affording any opportunity of hearing to the petitioner.

Mr. Jain, learned counsel appearing for the respondents, at the outset conceded that proper opportunity of hearing could not be granted to the petitioner but instead of keeping the matter pending, the respondent No. 2 be permitted to pass fresh order.

In view of the aforesaid and considering that the impugned order dated 22.07.2020 has been passed without affording reasonable opportunity of hearing, the same is quashed and set aside. The order dated 01.03.2021, passed by the District Collector, Nagore - Appellate Authority, vide which the impugned order dated 22.07.2020 has been affirmed, is also hereby set aside.

The writ pet