KRISHAN KHANNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India in which it is necessary to state certain facts before the question that have been canvassed before us can be disposed of.

(2.) IT appears that a coal depot had been allotted to a firm of the name of Messrs sant Singh Mohan Singh at Jullundur. According to the petitioner, in 1949 Sant singh, who was one of the partners of the firm, surrendered his share in favour of the petitioner, and the depot was transferred to a firm called Messrs Mohan Singh maharaj Krishan. In 1952 Mohan Singh also surrendered his share in favour of the petitioner and applied to the Civil Supplies Department for the refund of the security deposited by him. The petitioner was directed by the authorities to deposit the necessary security of Rs. 500 as that he could be allowed to continue as a coal depot-holder (vide Annexure 'a' to the petition ). The petitioner then deposited a security of Rs. 500 and informed the office by means of a letter dated the 15th july, 1952 (Annexure 'b' ). On report of the office, marked Annexure 'c', the district Magistrate passed an order, which is set out in Annexure 'd', releasing the security of Mohan Singh. The petitioner proceeded to assert that from July 1952 onwards he was recognised as the sole proprietor of the coal depot which was being run under the name of "maharaj Krishan Khanna. " On the 14th May, 1954 the petitioner applied for the change of the name and style of the depot to Messrs Maharaj Krishan Khanna and sons by means of Annexure 'e', to which a reply was sent by the District organiser, Civil Supplies and Rationing, Jullundur, according the requisite permission (Annexure 'f' ). It may be mentioned that up to this stage the facts are generally admitted except that in the return it is stated that Sant Sing never surrendered his share and only Mohan Singh had withdrawn from the partnership in the coal depot and that the relevant record has been looked up but Annexure 'e' was not forthcoming. Its receipt was denied. Similarly it is stated that Annexure 'f' was not forth-coming. It is common ground, however, that the petitioner was informed on the 12th November, 1956 by the District Food and Supplies Officer (Annexure 'g') that the Government had recognised Sant Singh as partner of the coal depot styled as Messrs Maharaj Krishan and Sons. It would be useful to set out in its entirety the material part of this communication: "it has been decided by Government to recognise Shri Sant Singh as partner of Coal Depot styled as Messrs Maharaj Krishan and Sons and as such has included his name in the style of the depot. You are hereby informed of this change and requested that you and Shri Sant Singh should deposit the security of Rs. 500 in the name of Messrs Sant Singh maharaj Krishan in the Post Office duly pledged to the undersigned within a week of the receipt of this letter. The coal depot henceforth will function in the name and style of Messrs Sant Singh Maharaj Krishan. " the petitioner wrote a letter on the 14th November, 1956 (Annexure 'h')protesting against the Department compelling him to accept Sant Singh as a partner and asserting that since 1952 he was the sole owner of the coal depot. He also made a representation to the Food Minister, Punjab, in this respect (Annexure 'i') in which all the necessary facts were set out. By means of a latter dated the 21st November, 1956 (Annexure 'j'), the District Food and Supplies Officer wrote to the petitioner saying: "the inclusion of the name of Shri Sant Singh in the depot named as maharaj Krishan and Sons was made by the Head Office. So you are informed that this office is not in a position to keep the order of the head Office in abeyance. " by means of an order dated the 23rd/27th November, 1956 (Annexure 'k') the district Magistrate suspended the coal business of the petitioner on account of an alleged contravention of instructions issued to him by the District Food and supplies Officer. Jullundur, and this was done under Clause 10 (1) (a) read with clause 2 (c) of the Punjab Coal Control Order, 1955 (hereinafter to be referred to as the Order), and the suspension was to continue till the depot functioned in the new name and style of Messrs Sant Singh Maharaj Krishan.

(3.) AT this stage another matter entered into the picture, and that was the alleged production of Annexure 'c', an office note, which supported the case of the petitioner about Sant Minister when the petitioner was granted an interview. The director Food and Supplies addressed a letter dated the 15th February, 1957 (Annexure 'l') in which paragraph 2 was in the following terms: "you are obviously suppressing the truth. You are again asked to intimate how and through whom you obtained copy of the official note, otherwise the fact that you produced a copy of the confidential orders from the file, will be sufficient reason to cancel your depot. The requisite information must be supplied by return of post. " As regards the said office note, it is admitted in the return that the petitioner had handed over its copy, as also the copies of other documents, to the Food minister, and in paragraph 12 it is stated that the petitioner was asked to sent the original copies of the said documents, as the originals were found missing from the District office file. The petitioner replied that the original documents had been mislaid somewhere. In paragraph 13 it is said that the petitioner produced before the Minister a copy of the note from the office of the District Organiser, Civil Supplies and rationing, jullundur. He was asked to intimate how and through whom he had obtained the copy and was told that if he did not do so, the fact that he had produced a copy of the confidential orders from the file would be sufficient reason to cancel his depot.