CWP-7701- IN THE HIGH COURT OF PUNJAB AND HARYANA (210) Jalaluddin State of Haryana and others CORAM: Present: KULDEEP TIWARI 1. dated 19.05.2021 (Annexure P Controller, Palwal him, under Section 13 (1) (11) of Order, 2009 Further, the statutory appeal preferred by the petitioner was also dismissed by the Deputy Commissioner, Palwal (respondent No.3), through a 16.12.2021 (Annexure P has been challenged by filing the instant writ petition. 2. on the basis of the enquiry, whi -2022 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus State of Haryana and others HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Vikram Pundir, Advocate for the petitioner. Mr. Vivek Chauhan, Addl. AG, Haryana. *** KULDEEP TIWARI, J.(ORAL) Through the instant writ petition, dated 19.05.2021 (Annexure P-1), wherethrough, the District Food and Supply Controller, Palwal (respondent No.4), while under Section 13 (1) (11) of the Haryana Public Distribution Scheme Order, 2009, has cancelled the license of fair price shop of the petitioner. Further, the statutory appeal preferred by the petitioner was also dismissed by the Deputy Commissioner, Palwal (respondent No.3), through a 16.12.2021 (Annexure P-3), therefore, the legality of both the orders (supra), has been challenged by filing the instant writ petition. Learned counsel for the petitioner apprises this Court that merely, on the basis of the enquiry, which was held 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-7701-2022 Date of Decision : 28.07.2026 ...Petitioner Versus ...Respondents KULDEEP TIWARI Vivek Chauhan, Addl. AG, Haryana. instant writ petition, challenge is thrown to the order 1), wherethrough, the District Food and Supply while exercising the powers vested with the Haryana Public Distribution Scheme , has cancelled the license of fair price shop of the petitioner. Further, the statutory appeal preferred by the petitioner was also dismissed by the Deputy Commissioner, Palwal (respondent No.3), through an order dated 3), therefore, the legality of both the orders (supra), has been challenged by filing the instant writ petition. Learned counsel for the petitioner apprises this Court that merely, held in absence of the petitioner, the challenge is thrown to the order 1), wherethrough, the District Food and Supply vested with the Haryana Public Distribution Scheme , has cancelled the license of fair price shop of the petitioner. Further, the statutory appeal preferred by the petitioner was also dismissed by n order dated 3), therefore, the legality of both the orders (supra), Learned counsel for the petitioner apprises this Court that merely, in absence of the petitioner, the MANPREET SINGH 2026.07.30 16:43 I attest to the accuracy and authenticity of this order/judgment CWP-7701- District Food and Supply license. He further submits that in grounds of appeal, the petitioner has set up a specific defence that various complaints Palwal (respondent No.5) complaints cancelled. He further submits that t statutory appeal was not considered concerned, at all, dismissed in a mech 3. opposed the submissions submits that it is an open and shut case, wherein, the petitioner has prepared one forged Card, in the name of Zulfikar, which were found to be recorded in the distribution withdrawn the ration on the basis of above forged his thumb impressions. 4. depot of the petitioner by Sub Inspector, Food and Supplies Tehsil Hodal, District Palwal. As per the enquiry report Mariyam, wife of office record, one AAY ration card in the name of Mariyam, wife of Jalaluddin, was fraudulen -2022 District Food and Supply Controller, Palwal, has proceeded to cancel He further submits that in grounds of appeal, the petitioner has set up a specific defence that qua the alleged forged ration card, he has already made complaints to Assistant Inspector Palwal (respondent No.5). However, instead of taking action on the said of forged ration card, the license of the petit He further submits that the defence statutory appeal was not considered by learned Appellate Authority , at all, rather by reiterating the allegations, his appeal was dismissed in a mechanical manner. Learned counsel for the respondents/State, on the other hand, has opposed the submissions as made by learned counsel for the petitioner. He submits that it is an open and shut case, wherein, the petitioner has prepared one forged ration card in the name of his wife, Mariyam, and also one OPH Card, in the name of Zulfikar, which were found to be recorded in the distribution machine of the petitioner. Not only this, the petitioner has withdrawn the ration on the basis of above forged his thumb impressions. In the instant case, an enquiry was conducted with regard to the depot of the petitioner by Sub Inspector, Food and Supplies Tehsil Hodal, as well as, Assistant Inspector, Food and Suppl District Palwal. As per the enquiry report Mariyam, wife of Ishaq, which was deleted during the survey, but as per the office record, one AAY ration card in the name of Mariyam, wife of Jalaluddin, was fraudulently prepared by the petitioner. Apart from this, one 2 Controller, Palwal, has proceeded to cancel He further submits that in grounds of appeal, the petitioner has set up the alleged forged ration card, he has already made to Assistant Inspector, Food and Supplies, Hassanpur, . However, instead of taking action on the said the license of the petitioner has been he defence, as taken by the petitioner in the by learned Appellate Authority rather by reiterating the allegations, his appeal was Learned counsel for the respondents/State, on the other hand, has made by learned counsel for the petitioner. He submits that it is an open and shut case, wherein, the petitioner has prepared in the name of his wife, Mariyam, and also one OPH Card, in the name of Zulfikar, which were found to be recorded in the of the petitioner. Not only this, the petitioner has withdrawn the ration on the basis of above forged ration card, while affixing In the instant case, an enquiry was conducted with regard to the depot of the petitioner by Sub Inspector, Food and Supplies Department, Assistant Inspector, Food and Supplies, Hassanpur, District Palwal. As per the enquiry report, one AAY Card in the name of Ishaq, which was deleted during the survey, but as per the office record, one AAY ration card in the name of Mariyam, wife of by the petitioner. Apart from this, one his He further submits that in grounds of appeal, the petitioner has set up the alleged forged ration card, he has already made Food and Supplies, Hassanpur, . However, instead of taking action on the said ioner has been taken by the petitioner in the by learned Appellate Authority rather by reiterating the allegations, his appeal was Learned counsel for the respondents/State, on the other hand, has made by learned counsel for the petitioner. He submits that it is an open and shut case, wherein, the petitioner has prepared in the name of his wife, Mariyam, and also one OPH Card, in the name of Zulfikar, which were found to be recorded in the of the petitioner. Not only this, the petitioner has ration card, while affixing In the instant case, an enquiry was conducted with regard to the Department, ies, Hassanpur, , one AAY Card in the name of Ishaq, which was deleted during the survey, but as per the office record, one AAY ration card in the name of Mariyam, wife of by the petitioner. Apart from this, one MANPREET SINGH 2026.07.30 16:43 I attest to the accuracy and authenticity of this order/judgment CWP-7701- OPH Card, in the name of Julfi machine of the petitioner. 5. petitioner has withdrawn the basis of the enquiry report, a show cause notice However, he opted not to file any response to the same, leaving no op District Food and Supplies cause notice on the basis of the enquiry report, and finally, license of the petitioner, (Annexure P 6. appeal, whereby, much prior to the enquiry report with regard to the forged ration card, and instead of taking any action on the said complaint, he was held liable preparing the forged ration card. a reference to the grounds of appeal, but has not issue and same is decipher from 16.12.2021 (Annexure P It is relevan memorandum of appeal, -2022 , in the name of Julfikar, was found recorded in the distribution achine of the petitioner. In the enquiry, it has also surfaced that during the lockdown, the petitioner has withdrawn the ration by affixing his thumb impressions. On basis of the enquiry report, a show cause notice However, he opted not to file any response to the same, leaving no op District Food and Supplies Controller, Palwal, exce cause notice on the basis of the enquiry report, and finally, license of the petitioner, through an impugned order dated 19.05.2021 (Annexure P-1). Aggrieved with the same, the petitioner preferred a statutory appeal, whereby, he has taken a defence that he made a written complaint much prior to the enquiry report with regard to the forged ration card, and instead of taking any action on the said complaint, he was held liable preparing the forged ration card. Learned Appellate Authority, though, made a reference to the grounds of appeal, but has not issue and same is decipher from perusal of the 16.12.2021 (Annexure P-3), passed by learned Appellate Authority concerned. It is relevant to record here specific grounds memorandum of appeal, which is extracted hereinafter : “4. That I/ appellant has apprised Assistant Inspector Food and Supply, Hassanpur regarding the above mentioned forced ration cards which were recorded in my machine no.108900300014 and both these forged ration cards of my village Norangabad were prepared by depot holder Sahabuddin resident of Nangla Khanpur in connivance with in order to enable him to get votes for 3 kar, was found recorded in the distribution In the enquiry, it has also surfaced that during the lockdown, the ration by affixing his thumb impressions. On the basis of the enquiry report, a show cause notice was served to the petitioner. However, he opted not to file any response to the same, leaving no option to Controller, Palwal, except to decide the show cause notice on the basis of the enquiry report, and finally, cancelled the through an impugned order dated 19.05.2021 he petitioner preferred a statutory he has taken a defence that he made a written complaint much prior to the enquiry report with regard to the forged ration card, and instead of taking any action on the said complaint, he was held liable Learned Appellate Authority, though, made a reference to the grounds of appeal, but has not returned any findings on this perusal of the impugned order dated passed by learned Appellate Authority concerned. grounds, as taken by the petitioner, in his is extracted hereinafter :- That I/ appellant has apprised Assistant Inspector ply, Hassanpur regarding the above mentioned forced ration cards which were recorded in my machine no.108900300014 and both these forged ration cards of my village Norangabad were prepared by depot holder Sahabuddin resident of Nangla Khanpur in with in order to enable him to get votes for kar, was found recorded in the distribution In the enquiry, it has also surfaced that during the lockdown, the the was served to the petitioner. tion to pt to decide the show cancelled the through an impugned order dated 19.05.2021 he petitioner preferred a statutory he has taken a defence that he made a written complaint, much prior to the enquiry report with regard to the forged ration card, and for Learned Appellate Authority, though, made returned any findings on this order dated passed by learned Appellate Authority concerned. in his That I/ appellant has apprised Assistant Inspector ply, Hassanpur regarding the above mentioned forced ration cards which were recorded in my machine no.108900300014 and both these forged ration cards of my village Norangabad were prepared by depot holder Sahabuddin resident of Nangla Khanpur in with in order to enable him to get votes for MANPREET SINGH 2026.07.30 16:43 I attest to the accuracy and authenticity of this order/judgment CWP-7701- 7. of the considered opinion that passed by learned Appellate Authority, requires interference of this Court. -2022 upcoming Sarpanch elections. I had made written complaint on 27.06.2017, thereafter on 26.07.2019 and third time on 16.02.2020 to Assistant Inspector Food and Supply, Hassanpur, regarding the deletion of these ration cards, the copy of complaints are annexed with this appeal. 5. That the ration card AAY, which is in the name of my wife Mariyam, the same was made by my wife Mariyam by herself with her own free will and without my knowledge, who lives separately from me, whose family ID is also separately made and my family ID is separate. But, even then I moved an application on 16.0.2017 to Assistant Inspector Food and Supply, Hassanpur to strike out both the ration card no.066002864411, 066002981404 which is in the name of my wife Mariyam and above AAY card made in the name of Mariyam son of Ishaq, but the respondent without providing me any opportunity to produce the documents in my defence, has illegally cancelled my ration depot licence no dated 19.05.2019, which is against the law and facts. 6. That the above respondent neither met me regarding inquiry nor he joined me and not he provided me an opportunity to produce documents in my favour. By misusing the provisions of Haryana Public Distribution System Act, 2009, has passed an order of cancelation of my depot licence, which is liable to be set aside in the appeal. In absence of adjudication to the considered opinion that the order dated 16.12.2021 (Annexure P by learned Appellate Authority, does not pass the test of legality, interference of this Court. 4 upcoming Sarpanch elections. I had made written complaint on 27.06.2017, thereafter on 26.07.2019 and third time on 16.02.2020 to Assistant Inspector Food and Supply, Hassanpur, regarding the deletion of these forged ration cards, the copy of complaints are annexed with this 5. That the ration card AAY, which is in the name of my wife Mariyam, the same was made by my wife Mariyam by herself with her own free will and without my knowledge, separately from me, whose family ID is also separately made and my family ID is separate. But, even then I moved an application on 16.0.2017 to Assistant Inspector Food and Supply, Hassanpur to strike out both the ration card no.066002864411, 066002981404 I.e. AAY which is in the name of my wife Mariyam and above AAY card made in the name of Mariyam son of Ishaq, but the respondent without providing me any opportunity to produce the documents in my defence, has illegally cancelled my ration depot licence no.5/2009 vide order dated 19.05.2019, which is against the law and facts. That the above respondent neither met me regarding inquiry nor he joined me and not he provided me an opportunity to produce documents in my favour. By misusing the provisions of Section 13(1)(11) of The Haryana Public Distribution System Act, 2009, has passed an order of cancelation of my depot licence, which is liable to be set aside in the appeal.” In absence of adjudication to the issue (supra) raised, this Court is the order dated 16.12.2021 (Annexure P- does not pass the test of legality, and upcoming Sarpanch elections. I had made written complaint on 27.06.2017, thereafter on 26.07.2019 and third time on 16.02.2020 to Assistant Inspector Food and forged ration cards, the copy of complaints are annexed with this 5. That the ration card AAY, which is in the name of my wife Mariyam, the same was made by my wife Mariyam by herself with her own free will and without my knowledge, separately from me, whose family ID is also separately made and my family ID is separate. But, even then I moved an application on 16.0.2017 to Assistant Inspector Food and Supply, Hassanpur to strike out both I.e. AAY which is in the name of my wife Mariyam and above AAY card made in the name of Mariyam son of Ishaq, but the respondent without providing me any opportunity to produce the documents in my defence, has illegally .5/2009 vide order That the above respondent neither met me regarding inquiry nor he joined me and not he provided me an opportunity to produce documents in my favour. By Section 13(1)(11) of The Haryana Public Distribution System Act, 2009, has passed an order of cancelation of my depot licence, which is liable this Court is -3), and MANPREET SINGH 2026.07.30 16:43 I attest to the accuracy and authenticity of this order/judgment CWP-7701- 8. ordered to be Authority concerned, to decide the appeal opportunity of hearing to the petitioner, the date of receipt o 9. July 28, 2026 Manpreet -2022 Consequently, the order dated 16.12.2021 (Annexure P d to be set aside, and the matter is remitted back concerned, to decide the appeal opportunity of hearing to the petitioner, within a period of three months, from the date of receipt of certified copy of this order. Consequently, the instant writ petition is 2026 Whether speaking/reasoned Whether reportable 5 Consequently, the order dated 16.12.2021 (Annexure P-3), is remitted back to learned Appellate concerned, to decide the appeal afresh, after affording due within a period of three months, from opy of this order. Consequently, the instant writ petition is disposed of. (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No 3), is to learned Appellate after affording due within a period of three months, from MANPREET SINGH 2026.07.30 16:43 I attest to the accuracy and authenticity of this order/judgment