VIJAY TRADERS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER Vijay Kumar, Sole Proprietor of M/s. Vijay Traders, undisputedly, is engaged in the business/trade of sale of food items. He has a shop at Tauni Devi, District Hamirpur, Himachal Pradesh. On 8.3.2013, officials of the Food and Supplies Department (hereinafter referred to as the Department) inspected his shop. After issuing a show cause notice and affording two opportunities to file response, which petitioner failed to do so, the authorities passed an order dated 6.12.2013, asking him to deposit fine for having violated the provisions of the Himachal Pradesh Trade Articles (Licensing and Control) Order, 1981 (hereinafter referred to as the "Order 1981").

(2.) ON 17.1.2014, petitioner's shop was inspected by the Officers/officials of the Department. Again, he was found to have violated the mandatory provisions of "Order 1981". Without license, he had stored for sale essential commodity, i.e. edible food items. Explanation furnished by the petitioner, in his defence, was found to be incorrect; hence, his premises were again inspected on 18.1.2014. Prima facie finding him to have violated the statutory provisions, he was issued a show cause notice. Vide impugned order dated 30.5.2014 (Annexure P -7), the District Collector, District Hamirpur, holding the petitioner to have contravened the provisions of "Order 1981" and the provisions of the Essential Commodities Act, 1955 (hereinafter referred to as the Act), in exercise of his power under Section 6A of the "Act" directed confiscation and sale of such food items.

(3.) ASSAILING these two orders, Mr. T.S. Chauhan, learned counsel for the petitioner, has made the following submissions, -(i) prior to issuance of impugned orders (Annexures P -7 & P -9), petitioner was not afforded any opportunity of hearing by the authorities; (ii) confiscated food items, i.e. oil seeds, edible oils and pulses, are not "essential commodity" falling within the purview of the provisions of the "Act"; hence, action of the respondent -authorities is ultra vires the "Act" and petitioner's constitutional right of earning his livelihood; (iii) in the absence of compliance of mandatory provisions of sub -section (6) of Section 3 of the "Act", notification, if any, bringing such items within the purview of the "Act" or "Order 1981" is neither binding nor enforceable.