PAWAN KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By filing this writ petition the petitioner has made challenge to the order dtd. 10/5/2017 passed by the respondent No.2- the Court of Addl. Food Commissioner, Food, Civil Supply Department, Rajasthan, Jaipur, whereby he allowed the revision petition filed by respondent No.7- Pankhilal Meena and set aside the order dtd. 5/10/2016 passed by the Court of District Collector, Sawai Madhopur. The petitioner has further made a challenge to the order dtd. 2/6/2017 issued by the Office of the District Supply Officer, Sawai Madhopur, by which the licence of the petitioner for fair price shop for 1/2 part of Gram Panchayat Barnala, Tehsil Bamanwas, District Sawai Madhopur, was cancelled afresh.

(2.) The facts emerging from the pleadings are that the petitioner is the licence-holder of fair price shop for 1/2 part of Gram Panchayat Barnala, Tehsil Bamanwas, District Sawai Madhopur. The respondent No.7- Pankhilal Meena made some complaints against the petitioner of irregularities including non- opening of the shop, non-distribution of the prescribed quantity of essential commodities, making forged entry in the family ration cards etc. On the complaint made by the respondent No.7, inquiry was conducted by the Enforcement Inspector, who submitted his reports on 3/9/2015 and 8/9/2015 respectively. Considering the inquiry reports submitted by the Enforcement Inspector, the licence of petitioner's fair price shop was suspended vide order dtd. 10/9/2015. The petitioner against the order of suspension of licence of his fair price shop, preferred a writ petition bearing SBCWP No.18682/2015, which was allowed vide order dtd. 14/12/2015 holding that the order of suspension of the licence of the petitioner's shop on 10/9/2015 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. However, the respondents therein were allowed liberty to proceed with the inquiry against the petitioner qua any breach of the conditions of the authorisation to run the fair price shop. In the meantime, the licence of the petitioner for fair price shop was cancelled vide order dtd. 9/12/2015 issued by the Court of Sub Divisional Officer (Food), Bamanwas.

(3.) The petitioner challenged the order dtd. 9/12/2015 by filing appeal No.98/2016 under Sec. 22 of the Rajasthan Food- grains and Other Essential Articles (Regulations of Distribution) Order, 1976 (for short 'the Order of 1976') before the Court of the District Collector, Sawai Madhopur with the plea that the order dtd. 9/12/2015 has been passed in the back date by the respondent No.5, without service of show-cause notice upon him and without holding a proper inquiry.