IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-3367-2026 Date of decision: 26.02.2026 MAHENDER SINGH ALIAS MAHENDER PAL ...Petitioner(s)

VERSUS STATE OF HARYANA AND OTHERS ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. Pradeep Chhoker, Advocate for the petitioner.

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JASGURPREET SINGH PURI, J. (Oral)

1. The present Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for setting aside the impugned order dated 17.11.2016 (Annexure P-5) passed by respondent No.3, whereby the licence of the petitioner was cancelled, as well as the impugned order dated 05.08.2025 (Annexure P-8) passed by respondent No.2, whereby the appeal filed by the petitioner was dismissed.

2. Learned counsel for the petitioner submitted that by way of the impugned order dated 17.11.2016 (Annexure P-5), the licensing authority i.e. the District Food and Supplies Controller, Jhajjar has cancelled the Public Distribution System (PDS) licence of the petitioner on the basis of various allegations levelled against him. He further submitted that although a show cause notice was issued to the petitioner, to which a reply was filed by him but the aforesaid order was passed erroneously. He further submitted that rather on the other hand, various inhabitants of the village have filed affidavits in favour of the petitioner stating that he has not committed any embezzlement or wrongdoing but the said affidavits were not considered by the aforesaid authority and therefore, the impugned order is liable to be set aside. He further submitted that when the petitioner filed an appeal before the appellate authority, the same was dismissed on the ground that it was barred by limitation being filed after about nine years of passing of the impugned order by the licensing authority. He further submitted that in fact the aforesaid period of nine years can be justified in view of the fact that the petitioner had filed a civil suit for declaration and permanent injunction seeking setting aside of the order passed by the District Food and Supplies Controller, Jhajjar, which was dismissed vide judgment dated 18.05.2024 (Annexure P-6) and thereafter, the petitioner filed an appeal before the appellate authority i.e. Deputy Commissioner, Jhajjar and the same was also dismissed on the ground of limitation and in view of the above, the order passed by the appellate authority (Annexure P-8) is also liable to be set aside.

3. On the other hand, Mr. Udit Garg, Addl. A.G., Haryana submitted that he has received an advance copy of the present petition and has also sought instructions in the present case. He further submitted that the present petition is liable to be dismissed on the ground that the licensing authority has passed a detailed order on merits vide Annexure P-5 and has dealt with each and every allegation in detail and thereafter, concluded that the petitioner has violated the Haryana Public Distribution System Licence Control Order, 2009 and therefore, the said order is perfectly in accordance with law. He further submitted that the mere fact that some inhabitants of the village have given affidavits to the contrary would not mean that the petitioner can be exonerated because of the aforesaid reason. He further submitted that so far as the order passed by the appellate authority is concerned, the petitioner filed the appeal after a period of about nine years and earlier the suit filed by the petitioner was rather dismissed. He referred to the aforesaid judgment passed by Civil Court vide Annexure P-6 to submit that although it was so mentioned in the judgment that remedy of appeal was there but the suit was dismissed on merits and therefore, the present petition is liable to be dismissed.

4. I have heard the learned counsels for the parties.

5. A perusal of the order passed by the licensing authority i.e. the District Food and Supplies Controller, Jhajjar v