BABULAL RAJPUROHIT Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-6-20
HIGH COURT OF RAJASTHAN
Decided on June 29,2015

Babulal Rajpurohit Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) THIS writ petition has been filed by the petitioner aggrieved against the orders dated 17.8.2009 passed by the District Supply Officer, Nagaur, whereby the licence of the petitioner for authorised fair price shop has been cancelled and security deposit forfeited, order dated 6.10.2010 passed by the District Collector, Nagaur whereby the appeal filed by the petitioner and order dated 1.6.2012 passed by the Food Commissioner, Jaipur, whereby the revision filed by the petitioner have been rejected.
(2.) THE petitioner was granted licence dated 5.3.1993 under the provisions of the Rajasthan Food Grains and Other Essential Articles (Regulation of Distribution) Order, 1976, the same was renewed from time to time. By order dated 24.10.2008 passed on a complaint received against the petitioner, which was got examined by the Enforcement Officer, wherein the petitioner was found prima facie guilty of serious irregularities, his licence was suspended. The petitioner filed response to the same and claimed that the complaint was without any substance as when on 7.9.2008 the petitioner was distributing kerosene, the lost ration card of Smt. Sohini W/o Govind was brought by Hemraj and when the petitioner refused to distribute the kerosene, the same resulted in altercation and cross criminal cases, which has resulted in filing of the complaint.
(3.) IT was further indicated that the petitioner was duly following all the requirements and as on the date when the Enforcement Officer came for inspection, the same could not be undertaken as he was busy with the court proceedings. The District Supply Officer by order dated 17.8.2009, came to the conclusion that during the course of inspection, the Sarpanch, Gram Panchayat, Jata Bas on behalf of the villagers has opposed the dealer; the non -supply of wheat and kerosene to the card holders amounts to misappropriation; the reply filed by the petitioner has been examined and as per the enquiry made by the Enforcement Officer, the dealer has been found highly controversial and therefore, there was no justification to continue the licence and consequently, cancelled the same and forfeited the security deposit.;


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