ALI SHER Vs. DISTRICT SUPPLY OFFICER, HARIDWAR

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following relief:

(2.) Brief facts of the case, as narrated in the writ petition, are that the petitioner runs a fair price shop at Village Sanghipur, Block Bahadrabad Tehsil & District Haridwar. According to the petitioner, he had been distributing the essential commodities to the concerned villagers as per norms prescribed. Petitioner received the order dated 06.10.2016 passed by the District Supply Officer, Haridwar, by which the license of petitioner's shop was suspended on ground of alleged inquiry conducted by the Food Officer, Haridwar. It is submitted that the respondent, without affording opportunity to the petitioner to participate in the alleged inquiry, suspended the fair price shop licence of the petitioner. It is submitted that there is no record or evidence that petitioner has not made proper entries in the Ration Card and misbehaved with the card holders. It is submitted that as per clause 9 and 12 of the Government Order dated 15.10.2005, it is specifically prescribed for the shops situated in any Gram Sabha area that the complaint for alleged irregularity and illegality committed by the license holder of the fair price shop, shall be referred to the administrative committee of the Gram Panchayat. Alleged inspection done by the administrative committee of the Gram Panchayat or material collected by the administrative committee of the Gram Sabha shall be placed before the general house of Gram Sabha, wherein appropriate decision shall be taken by the Gram Panchayat as per majority. Decision so taken by the Gram Panchayat shall be placed before the Deputy Collector by the Village Development Officer, whereupon the Deputy Collector, after inquiry, may pass appropriate order for suspension or cancellation of the license to run fair price shop. It is submitted that the order impugned is illegal as such and the respondent failed to appreciate the fact that the petitioner has never misused or committed any irregularity.

(3.) Learned counsel for the petitioner submits that petitioner is a dealer and, on the report of Food Officer, license of the petitioner has been suspended; whereas, as per Government Order dated 15.10.2005, inquiry could be conducted by the District Magistrate, Additional District Magistrate, Sub Divisional Magistrate or District Supply Officer concerned. He submits that this case is squarely covered by the judgment passed by this Court on 10.04.2012 in Writ Petition No.602 of 2012 (M/S) and in terms of the judgment passed in Writ Petition No.602 of 2012 (M/S), this writ petition deserves to be allowed.