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1989 Supreme(All) 421

A.N.VERMA, D.P.S.CHAUHAN
JAGAT BAHADUR – Appellant
Versus
DISTRICT SUPPLY OFFICER, ALLAHABAD – Respondent


Advocates Appeared:
DINESH DWIVEDI, RAKESH DWIVEDI

A. N. VARMA, J.

( 1 ) THE petitioner was an authorised retail distributor appointed by the District Supply Officer, Allahabad, for selling Government foodgrains and levy sugar under a written agreement containing the terms and conditions of retailership. He is aggrieved by the order dated June 22, 1989 passed by the District Supply Officer, Allahabad, terminating his retailership on the ground that in view of the facts stated in that order it would be against public interest to allow the petitioner to sell Government foodgrains.

( 2 ) THE order is challenged broadly on two grounds. One, that clause (16) of the agreement under which the impugned action has been taken is violative of Art. 14 of the Constitution of India in that it vests in the District Supply Officer an unbriddled and arbitrary power to terminate the retailership without assigning any reasons. Two, the impugned order visits the petitioner with civil consequences and consequently the same is liable to be quashed inasmuch as it was taken without complying with the principles of natural justice.

( 3 ) HAVING given the contentions our careful and anxious consideration, we find no merit in either of them. Before, however,




















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