CWP-29543-2024 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT Ishwar Singh Deputy Commissioner Rewari and others CORAM : HON’BLE MS. JUSTICE LAPITA BANERJI Present : Mr. Randhir Singh Hooda, Advocate, for the petitioner. Mr. Sharad Aggarwal, DAG, Haryana. LAPITA BANERJI CM-1308-CWP This is an application for placing on record Annexures P P-17. For the reasons stated in the application, the same is allowed, subject to all just exceptions. Documents (Annexure P Main case Learned counsel appearing on behalf of the petitioner submits that the impugned order dated June 11, 2024 District Food respondent No.2 and the order dated August 2 passed by the Deputy and illegal and without any application of mind. 2. He submits recorded to cancel the license of the petitioner, had affidavits that there was no However, the authorities concerned deliberately neglected to take into 2024 (O&M) Sr. No.103 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision : … Versus Deputy Commissioner Rewari and others …Respondent HON’BLE MS. JUSTICE LAPITA BANERJI Mr. Randhir Singh Hooda, Advocate, for the petitioner. Mr. Sharad Aggarwal, DAG, Haryana. *** LAPITA BANERJI, J. (Oral) CWP-2025 This is an application for placing on record Annexures P For the reasons stated in the application, the same is allowed, subject to all just exceptions. Documents (Annexure P-3 to P-17) are taken on record. Learned counsel appearing on behalf of the petitioner submits that the impugned order dated June 11, 2024 District Food, Civil Supplies and Consumer Affairs respondent No.2 and the order dated August 2 passed by the Deputy Commissioner, Rewari- and illegal and without any application of mind. He submits that the card holders whose statements were recorded to cancel the license of the petitioner, had that there was no reason to complain However, the authorities concerned deliberately neglected to take into IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-29543-2024 (O&M) Date of Decision : 29.01.2025 …Petitioner …Respondents HON’BLE MS. JUSTICE LAPITA BANERJI Mr. Randhir Singh Hooda, Advocate, Mr. Sharad Aggarwal, DAG, Haryana. This is an application for placing on record Annexures P-3 to For the reasons stated in the application, the same is allowed, 17) are taken on record. Learned counsel appearing on behalf of the petitioner submits (Annexure P-1) passed by the and Consumer Affairs Controller, Rewari- respondent No.2 and the order dated August 28, 2024 (Annexure P-2) -respondent No.1 are arbitrary and illegal and without any application of mind. that the card holders whose statements were recorded to cancel the license of the petitioner, had later deposed by way of reason to complain against the depot holder. However, the authorities concerned deliberately neglected to take into VANDANA 2025.02.07 14:34 I attest to the accuracy and integrity of this document CWP-29543-2024 (O&M) account such statements before cancellation of holder. 3. Issue notice to the respondents. 4. Learned State counsel accepts notice on behalf of respondents No.1 to 3-State and submits that there was no illegality or arbitrariness in cancellation of the license of the petitioner 5. Heard the learned material on record. 6. It appears from the order dated June 11, 2024 respondent No.2 was done. On reaching the depot, repeated attempts were made the depot holder but the calls were not taken by the petitioner Only once the call of sub open the ration depot by the said sub holder had switched o from conducting 7. Upon signboard installed outside the depot and registering complaints regarding distribution of essential commodities the depot were 8. Written statements were taken from the Yojana (AAY) and Below Poverty Line (BPL) card made regarding the distribution of ration. Several AAY and BPL card holders stated that the ration was not provided on time and the depot holder acted arbitrarily. There were complaints about behavio holder not being good. It was alleged tha 2024 (O&M) account such statements before cancellation of ssue notice to the respondents. Learned State counsel accepts notice on behalf of respondents State and submits that there was no illegality or arbitrariness in cancellation of the license of the petitioner-depot holder. Heard the learned counsel for the parties and perused the material on record. It appears from the order dated June 11, 2024 respondent No.2, that spot checking of the ratio was done. On reaching the depot, repeated attempts were made the depot holder but the calls were not taken by the petitioner nly once the call of sub-inspector was taken by him and he was open the ration depot by the said sub-inspector. switched off his mobile phone and from conducting physical inspection. Upon inspection of the site, it was found that there was no signboard installed outside the depot and registering complaints regarding distribution of essential commodities were not displayed. Written statements were taken from the (AAY) and Below Poverty Line (BPL) card made regarding the distribution of ration. Several AAY and BPL card holders stated that the ration was not provided on time and the depot holder acted arbitrarily. There were complaints about behavio holder not being good. It was alleged that the depot holder charged account such statements before cancellation of the license of the depot Learned State counsel accepts notice on behalf of respondents State and submits that there was no illegality or arbitrariness in depot holder. counsel for the parties and perused the It appears from the order dated June 11, 2024 passed by that spot checking of the ration depot of the petitioner was done. On reaching the depot, repeated attempts were made to contact the depot holder but the calls were not taken by the petitioner-depot holder. inspector was taken by him and he was asked to inspector. Immediately, the depot ff his mobile phone and willfully prevented the team ite, it was found that there was no signboard installed outside the depot and the toll free numbers for registering complaints regarding distribution of essential commodities at Written statements were taken from the Antyodaya Anna (AAY) and Below Poverty Line (BPL) card holders. Inquiries were made regarding the distribution of ration. Several AAY and BPL card holders stated that the ration was not provided on time and the depot holder acted arbitrarily. There were complaints about behaviour of the depot t the depot holder charged Rs.60/- VANDANA 2025.02.07 14:34 I attest to the accuracy and integrity of this document CWP-29543-2024 (O&M) for 1 kg. sugar and the card holders. 9. Upon recording of the statements of the card Controlling authority came Order of 2022 and the provisions of Nati were violated by 23, 2024. The depot holder did not reply within stipulated time mentioned in the show-cause June 6, 2024. Thereafter, a reply was received on June 11, 2024 from the depot holder. 10. The Controller work of distribution of ration was not done as per the instructions of the department and even after evidenced his reluctance in other depot holder order dated June 11, 2024, the license of the petitioner was cancelled the securities were directed to be confiscated. The petitioner challenged the said an appeal on July 09, 2024. Vide the second impugned order dated August 28, 2024, the Deputy Commissioner upheld the order passed by the Controller. 11. After noting the facts of the case and after hearing the parties, respondent No.1 contacted by the sub inspector come to the spot and carelessness/negligence. The inquiry team found that there was no display 2024 (O&M) sugar and 2 litre mustard oil which was above the price fixed for holders. Upon recording of the statements of the card Controlling authority came to the finding that the Order of 2022 and the provisions of National Food Security Act, 2013 violated by the petitioner. A show-cause 23, 2024. The depot holder did not reply within stipulated time mentioned cause-notice. The supply to the depo , 2024. Again a show-cause-notice was issued on June 7, 2024. Thereafter, a reply was received on June 11, 2024 from the depot holder. The Controller-respondent No.2 came to the finding that of distribution of ration was not done as per the instructions of the department and even after the suspension of his supply, the depot holder evidenced his reluctance in transferring the stock other depot holders as per the directions of the authorities. Therefore, vide order dated June 11, 2024, the license of the petitioner was cancelled the securities were directed to be confiscated. The petitioner challenged the said impugned order dated June an appeal on July 09, 2024. Vide the second impugned order dated August 28, 2024, the Deputy Commissioner upheld the order passed by the After noting the facts of the case and after hearing the parties, respondent No.1-Deputy Commissioner found that even after contacted by the sub inspector, the depot holder did not bother to respond or come to the spot and the said behavio carelessness/negligence. The inquiry team found that there was no display mustard oil which was above the price fixed for Upon recording of the statements of the card holders, the to the finding that the clauses in the Control onal Food Security Act, 2013 cause-notice was issued on May 23, 2024. The depot holder did not reply within stipulated time mentioned the depot holder was suspended on notice was issued on June 7, 2024. Thereafter, a reply was received on June 11, 2024 from the depot holder. respondent No.2 came to the finding that the of distribution of ration was not done as per the instructions of the suspension of his supply, the depot holder the stock and POS machines to the as per the directions of the authorities. Therefore, vide order dated June 11, 2024, the license of the petitioner was cancelled and the securities were directed to be confiscated. The petitioner had order dated June 11, 2024 by way of filing an appeal on July 09, 2024. Vide the second impugned order dated August 28, 2024, the Deputy Commissioner upheld the order passed by the After noting the facts of the case and after hearing the parties, found that even after being older did not bother to respond or the said behaviour showed his carelessness/negligence. The inquiry team found that there was no display VANDANA 2025.02.07 14:34 I attest to the accuracy and integrity of this document CWP-29543-2024 (O&M) board on the site and the were not displayed. T regarding the irregularities which included charging of more money than the fixed rates for distribution of ration, infirmity in the order passed by the District Controller. observed that with the reply did not have any authenticity. Therefore, he came to the finding that there was no concrete evidence available on the case file to prove that the irreg 12. Upon that the petitioner voluntarily chose not to be available on the spot on the date of inquiry. He also did not bother to respond to the call made by the local sub-inspector personal hearing vide show best known to himself, he refused to respond to the same. Thereafter supply was suspended on June 6, 2024. Again a show issued on June cancelled. His reply dated June 11, 2024 was considered by the authorities and he was also given a personal hearing. 13. In the personal hearing authorities nor provide deposing in his favour. Therefore, petitioner that passed the impugned orders cannot be accepted. 14. Upon pe Court finds that after recording th 2024 (O&M) the site and the toll free numbers were not displayed. The statements of AAY and BPL card holders regarding the irregularities which included charging of more money than s for distribution of ration, evidenced t infirmity in the order passed by the District Controller. observed that the statements of ration card holders which were submitted with the reply did not have any authenticity. Therefore, he came to the at there was no concrete evidence available on the case file to prove that the irregularities were not committed Upon perusal of both the impugned orders, this Court finds that the petitioner voluntarily chose not to be available on the spot on the date of inquiry. He also did not bother to respond to the call made by the inspector by coming to the spot. He was personal hearing vide show-cause-notice dated May 23, 2024. For reasons best known to himself, he refused to respond to the same. Thereafter supply was suspended on June 6, 2024. Again a show issued on June 07, 2024 to show reasons why his license ought not be is reply dated June 11, 2024 was considered by the authorities he was also given a personal hearing. In the personal hearing, neither could he convince authorities nor provide any valid documentary proof of the card holders deposing in his favour. Therefore, the argument made on in breach of principles of natural justice passed the impugned orders cannot be accepted. Upon perusal of the order passed by respondent No.1, Court finds that after recording the entire facts of the case, for registration of complaint he statements of AAY and BPL card holders regarding the irregularities which included charging of more money than evidenced the fact that there was no infirmity in the order passed by the District Controller. Moreover, it was the statements of ration card holders which were submitted with the reply did not have any authenticity. Therefore, he came to the at there was no concrete evidence available on the case file to committed by the depot holder. perusal of both the impugned orders, this Court finds that the petitioner voluntarily chose not to be available on the spot on the date of inquiry. He also did not bother to respond to the call made by the was granted an opportunity of notice dated May 23, 2024. For reasons best known to himself, he refused to respond to the same. Thereafter, his supply was suspended on June 6, 2024. Again a show-cause-notice was to show reasons why his license ought not be is reply dated June 11, 2024 was considered by the authorities neither could he convince the ny valid documentary proof of the card holders the argument made on behalf of the ples of natural justice, the authorities had passed the impugned orders cannot be accepted. order passed by respondent No.1, this e entire facts of the case, respondent No.1 VANDANA 2025.02.07 14:34 I attest to the accuracy and integrity of this document CWP-29543-2024 (O&M) has passed a reasoned order. there was no application of mind impugned order dated August 28, 2024. 15. Some documents appears from the said document affirmed by the aforesaid card impugned order (Annexure P-2) 16. T being considered while passing of the impugned orders. argument regarding the affidavits of the AAY and BPL cardholder also falls flat on the face. consequently, 17. Connected applications if any, are also according of. January 29, 202 Vandana Whether speaking/reasoned : Whether reportable 2024 (O&M) has passed a reasoned order. There is no substance in the argument that there was no application of mind by the appellate authority impugned order dated August 28, 2024. ome documents are handed over in appears from the said documents that purported by the aforesaid card holders on September impugned orders dated June 11, 2024 (Annexure P 2) were passed. Therefore, there was no question of such purported affidavits being considered while passing of the impugned orders. argument regarding the affidavits of the AAY and BPL cardholder also on the face. This Court finds no merit in the writ petition and consequently, the CWP-29543-2024 is dismissed. Connected applications if any, are also according (LAPITA BANERJI) JUDGE , 2025 ther speaking/reasoned : Yes/No Whether reportable : Yes/No There is no substance in the argument that by the appellate authority in passing the handed over in Court today. It clearly purported affidavits were sought to be September 17, 2024 after the June 11, 2024 (Annexure P-1) and August 28, 2024 was no question of such purported affidavits being considered while passing of the impugned orders. Strenuous argument regarding the affidavits of the AAY and BPL cardholder also o merit in the writ petition and dismissed. Connected applications if any, are also accordingly disposed (LAPITA BANERJI) JUDGE VANDANA 2025.02.07 14:34 I attest to the accuracy and integrity of this document