← Library
High Court of DelhiW.P.(C)/12505/2018

The Begumpur Ahiran Co-Operative Mulitpurpose Society Ltd. v. Government Of Nation Capital Territory Of Delhi (Gnctd) And ORS.

2018-11-27Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12505/2018 & CM No.48537/2018 THE BEGUMPUR AHIRAN CO-OPERATIVE MULITPURPOSE SOCIETY LTD.

..... Petitioner Through:

Mr Manoj K. Srivastava and Mr R. N.

Yadav, Advocates.

versus GOVERNMENT OF NATION CAPITAL TERRITORY OF DELHI (GNCTD) AND ORS.

..... Respondents Through:

Mr Gautam Narayan, ASC for GNCTD with Ms Mahamaya Chatterjee, Advocate alongwith Mr M. S. Premi, Assistant Commissioner (East), Department of Food Supply and Consumer Affairs.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 27.11.2018 1.

The petitioner has filed the present petition, inter alia, impugning an order dated 19.09.2018 passed by respondent no.2 (the Assistant Commissioner, North West District Food Supplies & Consumer Affair) cancelling the FPS licence issued to the petitioner (FPS licence no.3644 dated 25.01.1977).

2.

Mr Narayan, learned counsel appearing for the respondents states that the order impugned in the present petition is, in fact, file notings and the cancellation order was issued subsequently on 15.10.2018. He has also handed over a copy of the said cancellation letter, which indicates that the

FPS licence issued to the petitioner was cancelled as the petitioner had failed to provide the necessary documents for its renewal. 3.

It is seen that the petitioner has an alternative remedy of an appeal before the Commissioner of Food and Supplies and Consumer Affairs, Delhi in terms of Rule 6 of the Delhi Specified Articles (Regulations of Distribution) Order, 1981.

4.

In view of the above, the present petition is disposed of with liberty to challenge the cancellation order dated 15.10.2018 before the Commissioner, Department of Food Supplies and Consumer Affairs, Delhi. It is further directed that if an appeal is preferred within a period of one week from today and the petitioner provides all the necessary documents as required, the Commissioner shall consider the petitioner's case sympathetically uninfluenced by the fact that those documents have not been supplied at the initial stage and also uninfluenced by the question of delay. 5.

The pending application also stands disposed of. VIBHU BAKHRU, J NOVEMBER 27, 2018 MK