BHOOP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 13/11/2018 (Annexure P-3) whereby Appellate Authority has allowed appeal of respondent No. 6 against the order dtd. 17/2/2016 (Annexure P-2) whereby District Food and Supplies Controller, Hisar has cancelled depot allotted to respondent No. 6.

(2.) The petitioner is a resident of village Rawalwas Kalan, Tehsil and District Hisar. The respondent No. 6 is holding licence to operate depot under Public Distribution Scheme. The petitioner lodged complaint against respondent no. 6 alleging that he is not carrying out his activities in accordance with law and there are many irregularities. The behaviour of the depot holder is not decent. On the basis of complaint of petitioner and other villagers, an inspection was carried out and vide order dtd. 17/2/2016 passed by District Food and Supplies Controller, Hisar, the depot of respondent No. 6 was cancelled. The respondent No. 6 preferred an appeal before Appellate Authority which came up for consideration before Deputy Commissioner, Hissar who vide impugned order dtd. 13/11/2018 has allowed appeal of respondent No. 6 and restored his depot.

(3.) Counsel for petitioner submits that on the complaint of petitioner, the matter was ordered to be further investigated, however, despite orders of higher authorities, the district level authorities are not investigating the matter and depot of respondent No. 6 has been wrongly restored.