SURESH KUMAR SHARMA Vs. ADDITIONAL FOOD COMMISSIONER

JUDGEMENT

(1.) D.B.Special Appeal (Writ) No.47/2015. The present appeal arises from the order dt.25.08.2014 dismissing S.B.Civil Writ Petition No.15104/2011. The learned Single Judge declined to interfere with the order canceling the PDS license of the appellant, as affirmed by the appellate and revisional authority.

(2.) Learned counsel for the appellant submits that the initial cancellation dated 20.04.2009 was itself in violation of principles of natural justice without a show cause notice. The defence taken before the appellate authority that the road had been dug up by the agriculturists because of which the tanker could not reach has not been disbelieved but on assumptions and presumptions the appellate authority canceled the license. The revisional authority noticing the certificate from the Sarpanch with regard to the road condition has held that there was no reason to disbelieve it but yet proceeded to uphold the cancellation of license. If the original order was passed in violation of the principles of natural justice and the defence taken before the appellate or the revisional authority has not been disbelieved, the cancellation of license was not justified.

(3.) Counsel for the State submitted that even if the road had been dug up making movement of the kerosene tanker difficult, necessitating taking of supplies by the appellant dealer at a place other than the regular place of business as required under the license, at least prior intimation ought to have been given to the authorities in respect of the same. There being consecutive findings on facts by three authorities, this court may not interfere in the matter. We have considered the submissions on behalf of the parties.