BINA KHAD STORE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is a dealer of fertilizer. His dealership licence has been cancelled by the competent authority vide order dated April 9,2003 on the ground that the petitioner was selling sub standard Single Super Phosphate . His appeal before the appellate authority has also been dismissed.

(2.) Learned counsel for the petitioner relies upon a Division Bench judgment of this court dated January 29,1979 passed in C.W.P. 648 of 1979 M/s. Bharat Trading Co. V. Chief Agricultural Officer) which in turn had relied upon a judgment of Apex Court in M/s. Sat Pal and Sons V. C.A.O. Jullundur (S.L.P. (Civil) No.6420 of 1978) to contend that the licence of the petitioner as a whole could not be cancelled and the petitioner could be debarred from selling the aforesaid product only.

(3.) On the other hand, Shri M.C.Berry, learned Sr. Deputy Advocate General,Punjab contends that the licence of the petitioner was valid only upto May 27,2004 and as such the petitioner, at this stage, cannot make any grievance with regard to cancellation of his earlier licence. In view of the stand taken by the respondents, we dispose of the present petition with a liberty to the petitioner to apply afresh to the competent authority for the grant of a licence. While considering the claim of the petitioner, the competent authority shall keep into consideration the judgment dated January 29,1979 passed by the Division Bench in M/s.Bharat Trading Company's case(supra). If the petitioner so applies for the grant of a fresh licence, within a period of one month from the day a certified copy of this order is received, then necessary orders in this regard shall be passed by the competent authority within a further period of two months thereafter.