Hitkari Store v. Asst. Commissioner (New Dlehi), Deptt. Fo Food & Supply, Govt of NCT of Delhi & Anr

NAVIN CHAWLA, J MAY 20, 2020/Arya

Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 23.01.2020 Date of decision: May 20, 2020 + W.P.(C) 3324/2019 & CM No.15291/2019 M/S PRITHVI SINGH ..... Petitioner Through Mr.V.Shrivastva and Mr.Manoj Gautam, Advs. versus ASST. COMMISSIONER (SOUTH), GOVT OF NCT OF DELHI ..... Respondent Through Mr.Gautam Narayan, ASC for GNCTD with Ms.Shivani Vij and Ms.Dacchita Shahi, Advs. AND W.P.(C) 7334/2019 & CM Nos.30605-06/2019 W.P.(C) 7336/2019 & CM Nos.30608/2019, 30654/2019 W.P.(C) 7340/2019 & CM Nos.30615/2019, 30617/2019 W.P.(C) 7342/2019 & CM Nos.30620-21/2019 KUNJ BIHARI LAL ..... Petitioner HITKARI STORE ..... Petitioner ARORA STORE ..... Petitioner BALJEET SINGH SHANTI DEVI ..... Petitioner Through Mr.V.Shrivastva and Mr.Manoj Gautam, Advs. versus ASST. COMMISSIONER (NEW DLEHI), DEPTT. OF FOOD & SUPPLY, GOVT OF NCT OF DELHI & ANR..... Respondents Through Mr.Gautam Narayan, ASC for GNCTD with Ms.Shivani Vij and Ms.Dacchita Shahi, Advs. ( in Page 2 W.P.(C) 7334/2019 & W.P.(C) 7342/2019). Mr.Anuj Aggarwal, ASC and Mr.Ankit Monga, Adv. (in W.P.(C) 7336/2019 and W.P.(C) 7340/2019). CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA 1. The present set of petitions challenge the orders passed by the learned Appellate Authority, Department of Food Supplies and Consumer Affairs, dismissing the appeals filed by the petitioner(s) and upholding the decision of the respondent cancelling the authorization of the Fair Price Shop(s) ("FPS") of the petitioner(s). 2. The learned counsel for the petitioner(s) has taken me through the facts of only WP(C) 3324/2019 and made submissions only qua the said petition, while claiming that the other petitions raise similar questions of law and facts. Therefore, this order records only the facts from WP(C) 3324/2019. 3. It is the case of the petitioner that the petitioner was granted a licence/authorization for running a Fair Price Shop bearing FPS No. 4819 in Circle 46 (Chhatarpur). The said licence was renewed from time to time and was valid till 04.04.2021. The respondent issued a Suspension- cum-Show Cause Notice dated 02.07.2018 to the petitioner ordering suspension of the authorization of the petitioner"s Fair Price Shop as also calling upon the petitioner to show cause as to why the same should not been cancelled based on the following allegations: Page 3 "Whereas, this has brought to the notice of undersigned that SFA to 90 NFS card holders has been issued through OTP in the month of March 2018. Whereas as per the report of the visiting team during door to door verification card holder did not found residing/traceable on the address. Hence the door to door survey team has calculation a total quantity of SFA to the tune of 20.48 Quintal (Wheat) and 5.12 Quintal (Rice) (Total 25.60 Quintal) have been diverted by the FPS holder i.e. M/s. Prithavi Store, FPS- 4819 situated at Aya Nagar, Adarsh Enclave, NewDelhi to the black market." 4. The petitioner duly replied to the said Show Cause Notice and upon expiry of 90 days in suspension, the petitioner"s FPS licence was reinstated, however, resumption of supplies was not made. 5. Finally, vide the Cancellation Order dated 22.10.2018, the petitioner"s licence was cancelled. The order records as under: "Whereas, it has been brought to the notice of undersigned that SFA to 90 NFS card (list attached) holders have been issued through OTP in the month of March 2018. Hence a door to door survey has revealed that SFAs to the tune of 20.48 Quintal (Wheat) and 5.12 Quintal (Rice) (Total 25.60 Quintal) were siphoned off. And whereas during door to door verification card holder were not found residing on the address mentioned in the cards. And whereas, by committing the above said discrepancies, M/s Prithavi Singh, FPS4819 under Circle-46, has violated the provisions of Delhi Specified Article (Regulation & Distribution) order, 1981 and the terms and conditions under which the license/authorization was issued. xxxx Page 4 And whereas, upon expiry of the maximum p