RAMESH CHAND MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed challenging the order dt. 15.03.2013, passed by District Supply Officer, Dausa suspending the petitioner's licence for running a fair price shop. Counsel for the petitioner submits that subsequent to the order of suspension dt. 15.03.2013, neither regular enquiry has been conducted, nor any adverse order has been passed so far. He submits that in these circumstances, continuation of the order of suspension under Regulation 8(2) of the Rajasthan Food Grains and Other Essential Articles (Regulation of Distribution) Order, 1976 (hereinafter 'the order of 1976') cannot sustain beyond 90 days of its issue and thereafter has to automatically cease. He submits that this continued effect of the order of suspension beyond 90 days of its issue is liable to be quashed and set aside. In support of his submissions, counsel has relied upon on the judgment of this Court in SBCWP No. 5404/07, Ramswroop vs. State of Rajasthan & Ors., decided on 11.11.2008, wherein it has been held that after expiry 90 days, the order of suspension cannot be continued any further.

(2.) HAVING heard the counsel for the parties and having perused material on record, this Court holds that the order of suspension of the licence of the petitioner on 15.03.2013 shall not be operative subsequent to 90 days of its issue in view of the provisions of Regulation 8(2) of the Order of 1976. Consequently, the petitioner would be allowed to operate his fair price shop for which he continues to be authorised without any hindrance from the order dt. 15.03.2013. The respondents are however at liberty to proceed with an inquiry against the petitioner qua any breach of the conditions of the authorisation to run the fair price shop in accordance with law and pass any order thereon including an order of cancellation as permissible in law. The writ petition stands allowed accordingly. Stay application needs no address in view of the petition having been allowed.