HAMIDULLAH MIR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner is a Fair Price Shop Dealer appointed by the Department of Food Civil Supplies and Consumer Affairs. He is aggrieved of and has assailed order No.424-DFCS&CAK of 2022 dtd. 20/6/2022 issued by the Directorate of Food Civil Supplies and Consumer Affairs Department, Kashmir, whereby the Fair Price Shop License issued in favour of the petitioner for the location Latishot Tehsil Sopore District Baramulla has been suspended with immediate effect till the petitioner mends his behavior. The impugned order further provides that while the Fair Price Shop License of the petitioner remains under suspension, the Assistant Director, FCS &CA, Baramulla shall divert the foodgrains of the rationees attached to the petitioner to the nearest government sale centre as per the convenience of the rationees.

(2.) The impugned order is challenged by the petitioner on the ground that same is arbitrary, discriminatory and violative of Article 14, 16 and 21 of the Constitution of India. It is submitted that the respondents have suspended the license of the petitioner without conducting any enquiry and on the basis of totally unfounded and baseless insinuations. The impugned order is also called in question on the ground that the respondents have acted against their own Circulars, Rules and Regulations and have also, in the process, violated the directions of this Court passed in OWP No.849/2016 and WP(C) No.362/2021.

(3.) Having heard learned counsel for the petitioner and perused the material on record, I find no illegality or infirmity in the impugned order.