Delhi High Court
Rajinder Pal Singh vs Govt. Of Delhi & Ors on 20 February, 2015
Author: G. S. Sistani
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2817/2008 & CM.No.5425/2008
% Judgment dated 20.02.2015
RAJINDER PAL SINGH ..... Petitioner
Through : None.
versus
GOVT. OF DELHI & ORS ..... Respondents
Through : Mr.S.D. Salwan & Ms.Latika Dutta, Advs.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.SISTANI, J (ORAL)
1. Present petition has been filed by petitioner under Articles 226 of the
Constitution of India for issuance of a writ of certiorari or any other writ
directing respondents to quash the suspension-cum-show cause notice
dated 18.03.2008 issued by Assistant Commissioner (South).
2. The necessary facts for disposal of the present writ petition are that the
petitioner had been granted licence no.2541/82 dated 5.4.1982 for running
the Kerosene Oil Depot (for short, 'KOD') at F-139, Savitri Nagar, New
Delhi under Circle 8, which was renewed from time to time and was lastly
renewed for the period starting from 5.4.2002 to 4.4.2005. A copy of the
license granted in favour of the petitioner, has been filed along with the
writ petition.
3. In this case on 10.3.2008 officials of the Food and Supply Department
visited the shop of the petitioner at about 5:20 p.m. but there was none to
attend the team. Thereafter the team with the help of local police tried to
contact the licencee / salesman / authorization holder but he could not be
contacted. After waiting till 7:00 p.m., as none had come to attend the
team, the shop of the petitioner (KOD) was sealed in the presence of the
independent witnesses. The petitioner made a request / reply dated
12.03.2008 to the respondent and rendered explanation with respect to
inspection dated 10.3.2008, however, on the basis of the report of the team,
the Assistant Commissioner (South) issued a suspension-cum-show cause
notice dated 18.03.2008, whereby the authorization licence of the said
KOD was suspended and the authorization holder was also directed to
appear before the Assistant Commissioner (South) on 16.4.2008 at 11:30
a.m.
4. While issuing notice in the matter on 7.4.2008, this court passed the
following order:
"....
Till the next date of hearing, there shall be stay of the effect
and operation of the order dated 18th March, 2008.
It is made clear that this order of restraint shall not impact the
proceedings pursuant to the notice to show cause dated 18 th
March, 2008. The petitioner shall file the reply and the
petitioner or his duly authorized representative shall appear
before the Assistant Commissioner (South) on the date and
time specified therein who shall be given a hearing in
accordance with the prescribed procedure.
The respondents may proceed to pass a reasoned and speaking
order thereof which shall be communicated to the petitioner.
The petitioner shall be at liberty to assail the same by way of
an appropriate legal proceedings.
5. We are informed by Mr.Salwan, counsel for the respondents that as per the
policy of the State Government, no fresh licence for running KODs are
being granted and the Kerosene is no more a controlled commodity.
6. In view of above, the present writ petition has become infructuous.
7. Dismissed as infructuous.
G.S.SISTANI, J
FEBRUARY 20, 2015 ssn
