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Madhya Pradesh High Court · body

2005 DIGILAW 936 (MP)

Bajrang Sakh Sahakarita Samiti Maryadit, Kundiya v. State of M. P.

2005-08-31

S.K.KULSHRESTHA

body2005
JUDGMENT In view of the short controversy and the statement of the learned counsel that the same stands already concluded by this Court's judgment dated 18.8.2005 in W.P. No. 8676/2005 the matter was finally heard with the consent of the parties. The petitioner is a co-operative society which was appointed a fair price shop under the provisions of M.P. Khadya Padarth Sarvajanik Nagrik Purti Scheme, 1991. Without any prior intimation or notice, contends the learned counsel, the respondents have, by Annexure P/8, cancelled the appointment of the petitioner as fair price shop w.e.f. 31.8.2005. Learned counsel submits that under the provisions of the scheme which has been framed under the M.P. Food Stuff (Distribution) Control Order, 1960 (Part IV), framed u/S. 3 of the Essential Commodities Act, Rule 13 provides for a show cause notice before cancellation of the shop but without adhering to the said mandatory provision prescribed in the Scheme, the respondents have capriciously, in view of the order of the Government, cancelled the fair price shop to accommodate certain other classes of societies. Learned counsel has urged that the action of the respondent being per se il1egal, in similar petitions, the same has been disapproved by this Court with direction to the respondents to first afford an opportunity to the petitioner to show cause against the cancellation and then to proceed in accordance with law. There is no dispute that so far as other petitions are concerned and particularly W.P. No. 8676/2005, of which a xorox copy of order dated 18.8.2005 has been placed before the Court in similar situation, finding that the order suffered from violation of principles of natural justice, this Court has directed to issue show cause notice to the petitioner, within a period of three weeks, from the receipt of the copy of the order with a like direction to the petitioner to submit reply within two weeks thereafter. It has further been directed that if an adverse order is passed by the respondents the same shall be kept in abeyance for a period of two weeks to enable the petitioner to take appropriate recourse against the same. It has further been directed that if an adverse order is passed by the respondents the same shall be kept in abeyance for a period of two weeks to enable the petitioner to take appropriate recourse against the same. Considering that in similar circumstances, direction as aforesaid, has been issued, this petition is disposed of at the motion stage with the direction to the Principal Secretary Co-operative or Food and Civil Supplies, as the case may be, to issue notice to the petitioner to show cause against the proposed action of cancellation, granting two weeks time to the petitioner for reply and thereafter to decide the matter within three weeks. It is made clear that if any adverse decision is taken, the said decision wil1 be kept in abeyance for two weeks to enable the petitioner to seek remedy against the same in appropriate forum.