ORDER :

1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:

“(i) Hon’ble Court may kindly be pleased to quash impugned order dated 2-6-2021 (Ann.P/1) issued by the respondent No. 4-S.D.O. Churhat as well as impugned order dated 24-8-2021 (Ann.P/2) issued by respondent No. 3-Additional Collector, Sidhi and allow the petitioner to run Fair Price Shop Barigawa No. 1 (15021148), District Sidhi as usual, in the interest of justice.

(ii) Any other relief which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be issued in favour of the petitioner.”

2. It is submitted by Shri Singh that petitioner is running the Government Fair Price Shop at village Barigawa allotted under the M.P. Public Distribution System (Control) Order 2015. An inspection was carried out in the Fair Price Shop, Barigawa No. 1 on 18-3-2021 and it was found that stock of goods was less and it was presumed that petitioner was involved in black marketing. Accordingly, order dated 2-6-2021 was passed and a direction was given to recover the loss as well as the Fair Price Shop, Barigawa No. 1 was suspended.

3. Being aggrieved by the said order, the petitioner preferred an appeal before Collector who vide order dated 4-8-2021 came to a conclusion that no opportunity of hearing was given to petitioner and accordingly, the matter was remanded back to the SDO with a direction that petitioner may be given full opportunity of hearing. Thereafter, by order dated 24-8-2021, the Additional Collector passed another order thereby directing for prosecution of petitioner under M.P. Public Distribution System (Control) Order, 2015.

4. Challenging the order dated 24-8-2021, it is submitted by counsel for petitioner that respondents cannot blow hot and cold. On one hand, the Collector, Sidhi by order dated 4-8-2021 has remanded the matter back to SDO for rehearing of the case whereas on second hand, the additional Collector had passed impugned order dated 24-8-2021 granting permission to prosecute the petitioner under M.P. Public Distribution System (Control) Order, 2015.

5. Accordingly, this Court by interim order dated 10-11-2021 stayed the effect and operation of order dated 24-8-2021.

6. The respondents have filed their return and it is submitted that petitioner has not approached this Court with clean hands.

7. It is submitted that an inspection was conducted on 18-3-2021 by Junior Supply Officer and it was found that stock was less and therefore, petitioner is indulged in black marketing. A show cause notice was issued to petitioner but he did not appear before the competent authority, therefore an ex-parte order was passed. The order of SDO was set aside by Collector, Sidhi by order dated 4-8-2021 and the matter was remitted back to SDO with a direction to give full opportunity of hearing to petitioner.

8. It is submitted by counsel for respondents that petitioner has tried to mislead the Court by mixing two different inspections in one writ petition. The impugned order dated 24-8-2021 has been passed on the basis of different inspection report, which was carried out on 26-7-2021 whereas the order dated 2-6-2021 was passed on the basis of an inspection carried out by Junior Supply Officer on 18-3-2021. In the inspection which was carried out on 18-3-2021, 2678 Kg of Wheat, 5516.5 Kg of Rice, 72 Kg. of Sugar, 303 Kg. of Salt and 1248 liters of Kerosene were found short whereas in the inspection, which was carried out on 26-7-2021, 14,487 Kg. of wheat, 5376 Kg. of Rice, 19 Kg. of Sugar and 250 Kg. of Salt was found short. Therefore, the impugned order dated 24-8-2021 by which a permission was granted to lodge FIR was based on the subsequent inspection carried out on 26-7-2021 and it has nothing to do with the earlier inspection, which was carried out on 18-3-2021.

9. Furthermore, it is submitted that after the matter was remanded back by Collector by his order dated 4-8-2021, final ord