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CWP-11421-2025 -1- 213 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CWP-11421-2025 Date of Decision: 09.09.2025 Surjeet Singh .... Petitioner Versus State of Punjab and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. Vijay K. Jindal, Advocate for the petitioner. Mr. Somesh Arora, Addl. AG, Punjab. **** JASGURPREET SINGH PURI
, J. (ORAL)
1. The present petition has been filed under Article 226/227 of the Constitution of India praying for a writ in the nature of certiorari/mandamus for quashing the impugned orders dated 28.08.2024 (Annexure P-7) and dated 11.03.2025 (Annexure P-9) with a further prayer in the nature of mandamus directing respondent No.3 to restore the supply of essential commodities to the fair price shop and to compensate the petitioner on account of loss suffered by him because of cancellation of the licence.
2.
Learned counsel for the petitioner submitted that it is a case where vide Annexure P-2, an order was passed by District Controller, Food Civil Supplies and Consumer Affairs, Fazilka by which the licence for supplying of essential commodities to the depot of the petitioner was suspended. He further submitted that before passing of the impugned order, no opportunity of hearing was given to the petitioner and his licence has been suspended for an unlimited period which could not have been done as BHUMIKA BHATI 2025.09.15 10:05 I attest to the accuracy and integrity of this document chandigarh
CWP-11421-2025 -2- per Clause 15 of the Punjab Targeted Public Distribution (Licensing & Control) Order, 2016 which states that in case an opportunity of hearing is not given, then the licence cannot be suspended for more than 90 days whereas the present the licence for supplying of essential commodities to the depot of the petitioner of the petitioner has been suspended for more than 90 days and rather for an unlimited period without giving any opportunity of hearing whatsoever and purely based upon enquiry by some officer and therefore, on the face of it, the impugned order is totally contrary to Clause 15 of the Punjab Targeted Public Distribution (Licensing & Control) Order, 2016 and is also illegal. He further submitted that during the pendency of the aforesaid suspension order, the same officer had again suspended the licence of the petitioner on the basis of some other complaint vide Annexure P-7 on 28.08.2024 and in this way, it reflects total non-application of mind by the officer concerned beside being totally illegal. He submitted that rather the entire legal and factual position was brought to the notice of the Director, Food Civil Supplies and Consumer Affairs Department, Chandigarh vide Annexure P-8 but no action has been taken in this regard.
3.
Learned counsel for the petitioner has referred to the order dated 28.08.2025 passed in CWP-17585-2025 whereby this Court had taken a serious view and rather it was so directed that the officers of the State of Punjab had to be imparted training as to how they have to exercise their statutory powers.
4. At this stage, Mr. Somesh Arora, learned Addl. AG, Punjab has appeared on behalf of the respondents and submitted that the State wishes to take corrective measures in the present case as well and so far as the statutory exercise of power is concerned, the State has already initiated the BHUMIKA BHATI 2025.09.15 10:05 I attest to the accuracy and integrity of this document chandigarh
CWP-11421-2025 -3- process of imparting training to the officers in the State of Punjab in pursuance of the aforesaid order dated 28.08.2025 passed by this Court in CWP-17585-2025 and further submitted that the impugned orders (Annexure P-7 & P-9) will be withdrawn within a period of two weeks from today and in case it is so required then a fresh order may be considered to be passed in accordance with law.
5.
Learned counsel for the petitioner submitted that in view of the aforesaid submissions made by learned State Counsel, the present petition may be disposed of.
6.
Disposed of accordingly. 09.09.2025 (JASGURPREET SINGH PURI) Bhumika
JUDGE
1. Whether speaking/reasoned: Yes/No
2. Whether reportable: Yes/No BHUMIKA BHATI 2025.09.15 10:05 I attest to the accuracy and integrity of this document chandigarh