MURARI LAL Vs. ADDITIONAL FOOD COMMISSIONER

JUDGEMENT

(1.) CHALLENGE in the writ petition is to the order dated dated 19th February, 2012 whereby the petitioner's authorization for dealing wholesale in the commodity kerosene oil was suspended by the District Collector, Sawai Madhopur under the provisions of rule 8(2) of the Rajasthan Food Grains and Other Essential Articles (Regulation and Distribution) Order, 1976 (hereinafter to be referred in short as 'the Order, 1976'). Even though a challenge to the said order dated 19th February, 2012 before the Appellate Authority also failed on the appeal having been dismissed vide order dated 29th May, 2012. Relief now claimed is in view of the 90 days ex-parte suspension period having expired which according to the petitioner is an event subsequent to the dismissal of the statutory appeal and by itself furnishes a fresh and independent cause of action for laying the present writ petition.

(2.) COUNSEL for the petitioner has submitted that as order of suspension dated 19th February, 2012 was passed without an opportunity of hearing to the petitioner with reference to rule 8(2) of the Order, 1976, it cannot continue beyond a period of 90 days of being passed. He submits that as of today, the period of 90 days has quite apparently lapsed and on this count alone the order of suspension dated 19th February, 2012 should be declared to be in-operative and the petitioner declared entitled to resumption of wholesale supply of kerosene oil for onward supply to retail fair price shop dealers authorized by the department. Article 14 and 19(1)(g) and right under the license have been invoked.