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2016 DIGILAW 450 (UTT)

Roorkee Cooperative Labour Contract Society Ltd. v. Commissioner, Garhwal Mandal, Pauri

2016-08-09

SUDHANSHU DHULIA

body2016
JUDGMENT : Impleadment application (CLMA No. 7725 of 2016) is allowed. 2. Petitioner is directed to implead “Mr. Virendra Dhiman Vishwakarma, Editor of ‘Grah Bandhan’ R/o 231 Ganeshpur, Roorkee, District Haridwar” as respondent no. 4 during the course of the day. 3. The petitioner is a cooperative society formed in the year 1961 with one of the objectives of supplying building material, etc. This cooperative society, namely, Roorkee Cooperative Labour Contract Society Ltd. was granted fair price shop licence for three fair price shops in Haridwar in the year 1974 and since then it has been running these three fair price shops. According to the petitioner, there has been no complaint of any anomaly or any allegation of any nature regarding these fair price shops for the last 42 years. Now, on the basis of an information sought under the Right to Information Act by one Virendra Dhiman Vishwakarma, who has now been impleaded as respondent no. 4, the District Supply Officer, Haridwar has suspended the fair price shop licence of all the three fair price shops on the ground that the aims and objects of the cooperative society are not to run the fair price shop. It has not been stated in the said order that fair price shop can only be given to such cooperative societies, which has its aim to run a fair price shop. In fact, the fair price shop licence seems to have been given to the cooperative societies by the Government Order dated 18.12.1980, although the practice, according to learned Senior Counsel for the petitioner, was continuing much earlier and definite shape was given in the year 1980 by a Government Order, whereby the Government thought it proper to give the fair price shop licence to the cooperative societies. 4. The fact that the petitioner was running fair price shops is not in dispute. Only on a mere complaint by a private individual, the District Supply Officer has suspended the fair price shop licence by order dated 30.05.2016. The appeal has also been dismissed on the ground that the order for suspending the fair price shop licence is only an interim order and not a final order. 5. Only on a mere complaint by a private individual, the District Supply Officer has suspended the fair price shop licence by order dated 30.05.2016. The appeal has also been dismissed on the ground that the order for suspending the fair price shop licence is only an interim order and not a final order. 5. Writ petition is, therefore, disposed of with the direction to the District Supply Officer, District Haridwar to consider all the aspects of the matter and consider the cancellation of fair price shop licence only if the conditions of running the fair price shop have been violated. There must be a specific and definite finding on it. The fact that the petitioner is continuing for the last 42 years with unblemished record shall also be examined. Let the decision be taken as expeditiously as possible but definitely within a period of four weeks from the date of production of this certified copy of this order.