RAM SARUP GOYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 9.12.1997 of Additional District Judge, Ludhiana, whereby he dismissed the appellant-plaintiff's appeal from the judgment and decree dated 14.8.1996 of Civil Judge, Junior Division, Ludhiana dismissing the plaintiff-appellant's suit for declaration and mandatory injunction filed against the State of Punjab and others. Facts.

(2.) PLAINTIFF (Ram Sarup Goyal) Depot Holder RD No. 397-B-XXVI filed suit for declaration against the State of Punjab to the effect that order dated 10.2.1987 cancelling this depot passed by District Food and Supplies Controller, Ludhiana was illegal, unlawful, mala fide, capricious, ultra vires and was not binding on him and for mandatory injunction directing the defendants to restore the supply of ration to this depot situated at Sargodha Colony, Model Gram Town, Ludhiana. It is alleged in the plaint that he was allotted this depot vide order dated 17.9.1981. Since then, he had been running this ration depot. Ration depot was checked every month by Inspector, Food and Supplies, Ludhiana and he made report to the department that depot was being run according to the instructions of the District Food and Supplies Controller, Ludhiana and it was after receipt of report by him that the quota for the next month used to be released. Record of the depot was lost on 13.6.1985. Report was lodged with Police Station Division No. 5, Ludhiana on 13.6.1985. Intimation was given to the District Food and Supplies Controller, Ludhiana, vide report No. 6680 dated 13.6.1985. In November, 1985, he was asked to produce the record. He informed that the record was lost in June, 1985 and intimation had already been given to the office. Depot was cancelled vide order dated 16.1.1986 in which it was mentioned that he had failed to produce the record and depot was liable to be cancelled. No notice dated 16.9.1985 was issued by the office to him. He made representation to the Deputy Director (Field) Food and Supplies, Patiala. Representation was rejected on 10.2.1987. Cancellation of the depot by the defendants was illegal, unlawful arbitrary, capricious and mala fides. Deputy Director (Field) Food and Supplies, Patiala had granted stay to one Puran Singh though his case was similar to his case. Rather charges were graver in nature against him. In a similar case relating to one Gurcharan Singh the holder of depot RD No. 381, Deputy Director (Field) Food and Supplies, Patiala levied a fine of Rs. 50/- only. Entry was made in the fine register of the department dated 15.6.1985. Plaintiff challenged the cancellation of his ration depot on the ground of discrimination. He prayed for mandatory injunction directing the defendants to restore the supply to ration depot No. RD No. 397 situated at Sargodha Colony, Model Gram Town, Ludhiana, which was being held by him and withdraw the said order dated 10.2.1987.

(3.) ON the pleadings of the parties, the following issues were framed by the trial Court :-