Ghulam Mohi Ud Din Bhat And Others vs Ut Of J&K And Others
2021 Latest Caselaw 630 j&K/2

                                                             S. No. 110
                                                      Supplementary 1 Causelist


  IN THE HIGH COURT OF JAMMU AND KASHMIR
                               AT SRINAGAR

                    (THROUGH VIRTUAL MODE)


                           Case: LPA 67/2021

Ghulam Mohi ud Din Bhat and others
                                                 ... Petitioner/Appellant(s)
Through: Mr. Sajad Geelani, Advocate

                         V/s
UT of J&K and others
                                                           ... Respondent(s)

Through: Mr. B. A. Dar, Sr. AAG vice Mr. Sheikh Feroz, DAG

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

Heard Mr. Geelani, learned counsel appearing for the applicants/

appellants. The appellants are the villagers who have made a complaint

against the fair price shop dealer, respondent No. 5, on the basis of which

some inquiry is going on against the dealer.

In view of the above, leave to appeal is granted to the appellants.

It appears that the fair price shop licence of respondent No. 5 was

put under suspension vide order dated 30.4.2020 by the Assistant

Director, Food, Civil Supplies and Consumer Affairs, Budgam, and an

inquiry was instituted against him. The respondent No. 5 preferred writ

petition, WP(C) 1879/2020, and the same was disposed of in limine by

the impugned judgment dated 11.2.2021 in view of the fact that only the

licence of respondent No. 5 was suspended and an inquiry was instituted

against him. Directions were issued to complete the inquiry within six P age |2 LPA 67/2021

weeks after affording opportunity of hearing to the respondent No. 5. It

was also provided that in case any order adverse to respondent No. 5 is

passed, he shall be at liberty to challenge the same before the appropriate

forum. A further direction was issued that in case the inquiry is not

completed within six weeks the order of suspension shall be deemed to

have been revoked and that licence of respondent No. 5 would be

restored.

It is aggrieved by the last direction of deemed restoration of the

fair price shop licence of respondent No. 5 that the appellants have

preferred this appeal. It is contended that the respondent No. 5 has

managed the inquiry and has not allowed it to be completed so that his

licence may stand restored.

The appellants who were complainants, were not party in the writ

petition and were not even heard. They were not even aware of the

impugned order dated 11.2.2021 and as such were not in a position to

pursue the authorities for completing the inquiry within the time

provided by the court.

In view of the above, the direction that in the event of failure of

completion of the inquiry within six weeks, the license of the respondent

No. 5 shall stand restored does not appear to be a reasonable and fair

order. Accordingly, we dispose of this appeal with the direction to the

Assistant Director, Food Civil Supplies and Consumer Affairs, Budgam,

to ensure that the inquiry which was being conducted against respondent

No. 5 is completed within a period of two months hereafter after

affording an opportunity of hearing to the complainants, if necessary by P age |3 LPA 67/2021

virtual hearing, and till the completion of the said inquiry or for a period

of three months from today, whichever is earlier, the suspension of the

fair price shop licence of respondent No. 5 shall continue to remain

operative.

                               (VINOD CHATTERJI KOUL)         (PANKAJ MITHAL)
                                             JUDGE              CHIEF JUSTICE

           Srinagar
           04-06-2021
           N Ahmad




NISSAR A BHAT
2021.06.04 14:52
I attest to the accuracy and
integrity of this document