GURDEV TRADING CO Vs. U T CHANDIGARH

JUDGEMENT

(1.) The petitioner-firm by way of this civil writ petition has challenged the legality and validity of the order Annexure P. 7, by which its whole-sale licence, as well as retail sale licence, of kerosene was cancelled on the basis of certain allegations. In appeal, the Deputy Secretary Finance, Chandigarh Administration, vide Annexure P.5 dated 27.5.1987, set aside the order of the District Food & Supplies Officer, Chandigarh, to the extent of cancellation of wholesale kerosene licence. However, that part of the order by which the retail licence was cancelled, has been upheld. The petitioner-firm, in this writ petition, has challenged the order Annexure P.9 on several grounds. At the time of hearing, the learned counsel for the petitioner has challenged the order Annexure P.9 on the short ground that the authorities below in similar circumstances, have only ordered the forfeiture of security deposit by passing orders Annexure P.10 and P.11. This point can be considered by this Court as has been taken in the replication, in view of this Court's order. This Court, in presence of learned counsel for the parties, has perused Annexures P.10 and P.11. In Annexure P.10, the allegation against M/s Mohan Provision Store, Chandigarh was also this that the said firm was guilty of contravention of condition No. 3 of the Punjab Kerosene Dealers Licensing Order, 1966 and by finding the depot-holder guilty of the charge, the security to the extent of Rs. 400/- was forfeited. The following is the operative part of the order passed in the case of M/s Mohan Provision Store :

(2.) Before parting with this judgment, it is observed that the right of the Department to go ahead with the prosecution would not be affected by this judgment. No costs.