← Library
High Court of DelhiW.P.(C)/10748/2017

Chhidi Mal Goel v. Govt Of NCT Of Delhi & ANR

2017-12-04Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10748/2017 CHHIDI MAL GOEL ..... Petitioner Through:

Mr Yogesh Kumar, Advocate.

versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr Satyakam, ASC, GNCTD with Mr Rohtas, FSO.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 04.12.2017 CM No. 44015/2017 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) 10748/2017 and CM No. 44014/2017 3.

Issue notice. The learned counsel appearing for the respondents accepts notice.

4.

The petitioner has filed the present petition, inter alia, impugning the suspension-cum-show cause notice dated 08.08.2017 to the extent that the petitioner's authorisation to run a fair price shop (hereafter 'FPS') has been suspended. The principal ground urged by the petitioner is that in terms of the Circular dated 16.03.2004 issued by respondents as well as clause 4 of the Delhi Specified Articles (Regulation of Distribution) Order 1981, the suspension order cannot be extended beyond the period of three months. 5.

The learned counsel for the petitioner has drawn the attention of this

Court to the decisions of a Coordinate Bench of this Court in M/s Ajit Kapoor Store v. Govt. of NCT of Delhi and Anr.: W.P.(C) 2963/2017, decided on 10.04.2017 and M/s Lochav Store v. Govt. of NCT of Delhi and Anr.: W.P.(C) 3493/2017, decided on 11.05.2017. 6.

It is seen that this Court had considered a similar issue and had set aside the orders suspending the subject FPS Authorizations in those cases while also clarifying that the show cause notice would not interdict respondents to conclude the proceedings pursuant to the show cause notices in accordance with law.

7.

The learned counsel appearing for the respondents does not dispute that the decisions in Ajit Kapoor Store (supra) and M/s Lochav Store (supra) would also be determinative of the issue involved in this petition. 8.

In view of the above, the present petition is disposed of by quashing the suspension order dated 08.08.2017 while clarifying that the respondents may continue with the proceedings pursuant to the show cause notice and conclude the same in accordance with law.

9.

Order dasti under signature of the Court Master. VIBHU BAKHRU, J DECEMBER 04, 2017 RK