IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***

CWP-31554-2025 Date of Decision: 27.10.2025 Gurjeet Singh .... Petitioner Versus State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. Vijay K. Jindal, Advocate for the petitioner.

Ms. Shruti, AAG, Punjab.

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JASGURPREET SINGH PURI , J . (ORAL)

1. The present petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari/mandamus for quashing the impugned order dated 19.06.2025 (Annexure P-2) passed by respondent No.3 with a further prayer to direct respondent No.3 to restore the supply of essential commodities to fair price shop with immediate effect.

2. Mr. Vijay K. Jindal, learned counsel for the petitioner has submitted that it is a case where the petitioner was holding a licence of a fair price shop for the distribution of essential commodities including food grains and vide Annexure P-2, it was so directed by the District Controller, Food Civil Supplies and Consumer Affairs, Ferozepur acting as a Licensing Authority that the supply of essential commodities to the fair price shop of the petitioner will remain suspended till further orders in public interest. He further submitted that the impugned order (Annexure P-2) was passed on

19.06.2025 and as per Clause 15 of the Punjab Targeted Public Distribution System (Licensing and Control) Order, 2016 (Annexure P-7), wherein it has been specifically provided that although the Licensing Authority may suspend a licence without giving a reasonable opportunity to defend his case to the licensee but the period of such suspension cannot exceed 90 days. He submitted that in the present case, the impugned order (Annexure P-2) has been passed without issuing any notice to the petitioner and therefore, the order could not have been passed directing suspension of licence till further orders and even otherwise also, 90 days have already expired on 17.09.2025 and therefore, by virtue of the provision of the aforesaid Clause 15, the order cannot sustain. He also submitted that since the impugned order itself is in direct violation of the Punjab Targeted Public Distribution System (Licensing and Control) Order, 2016, which has got statutory force because the same has been passed in exercise of powers conferred by Section 3 of the Essential Commodities Act and even if there is a provision of appeal, the appeal is not required to be filed since the impugned order itself is non est ab initio.

3. Learned Counsel for the petitioner further submitted that such kind of orders were passed at many places in the State of Punjab because of lack of understanding of the provision of law by the officers of the State and in this regard rather a serious view was taken by this Court in CWP-17585- 2025 vide Annexure P-10 in which the officers of the Department of Food, Civil Supplies & Consumer Affairs, Punjab have been directed to undergo training for the purpose of understanding the provision of law and its application thereof. He submitted that the present is also a classic example of lack of understanding by the concerned officers whereby on the face of it there is a direct infringement by the concerned Licensing Authority who has passed the impugned order.

4. Notice of motion.

5. Ms. Shruti, Assistant Advocate General, Punjab accepts notice on behalf of the respondents/State. On the aforesaid proposition of law, she submitted that the suspension could not have been done beyond the period of 90 days unless an opportunity of hearing is given or a notice is issued and regarding which she submitted that notice was not issued in the present case.

6. I have heard the learned counsel for the parties.

7. The impugned order dated 19.06.2025 (Annexure P-2) is reproduced as under:-

“Annexure P-2

ORDER

On the basis of one complaint against Gurjeet Singh, Depot Holder of Village Alewala, License No. 1210, District Ferozepur, the Assistant Food and S