JEEVAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have preferred this petition in which they have prayed that order dated 29.5.2002 be quashed being arbitrary and contrary to the Scheme of Multi State Cooperative Society Act 1984 (for short "MSCS Act, 1984").

(2.) The order dated 29.5.2002 has been issued by Ministry of Consumer Affairs, Food and Public Distribution, Government of India. In this letter, it is mentioned that the Govt. has, therefore, decided under Section 47 of the MSCS Act in order to prevent the possibility of accumulation of further losses in Super Bazar, all purchases in respect of trading activity should be discontinued with immediate effect, until further orders. The existing inventory of all stores available with the Super Bazar, at present may be sold through its existing outlets as before till the stocks last.

(3.) The petitioners contended that the impugned letter dated 29.5.2002 suffers from total non-application of mind and is also malafide and arbitrary. The petitioners also contended that an exercise of issuance of such a letter under Section 47 is not in the interest of consumers. Mr. Tiku, the learned counsel appearing for the petitioners contended that merely because a statute enables the Government to take an action and issue certain directions would, not necessarily mean that such directions have to be issued without taking into.consideration all other relevant inputs and background.