CWP No.2546 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.2546 of 2009 Date of Decision: 20.07.2010 **** M/s. Bhagwan Dass and Sons . . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. VK Sandhir, Advocate for the petitioner Mr. H.S. Brar, Addl. AG Punjab Mr. Ashish Kapoor, Advocate for respondent No.5 ***** SURYA KANT J. (ORAL) (1). The petitioner impugns the order dated 03.02.2009 (Annexure P10), whereby respondent No.4, namely, the District Controller, Food and Civil Supplies and Consumer Matters, Tarn Taran has suspended its wholesale dealership Licence. (2). The above-stated Licence has been granted under the Punjab Light Diesel Oil and Kerosene Dealers Licensing Order, 1978. (3). Though the impugned suspension order is appealable before the Director, Food and Civil Supplies and CWP No.2546 of 2009.doc - 2 – Consumer Matters, Punjab, nevertheless the writ petition was entertained as a legal issue, namely, that the power to suspend the licence vests only in the District Magistrate and not with respondent No.4 i.e. the District Controller, Food and Civil Supplies and Consumer Matters, Tarn Taran. (4). The respondents have filed their reply/affidavit with the following preliminary issues: xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx “1. That at the very outset it is respectfully submitted that the petitioner has mislead this Hon’ble Court and by doing so an impression was given to this Hon’ble Court on 17.02.2009 that the power to suspend the license was only exercisable by the Distt. Magistrate and not by the respondent No.3 i.e. District Food & Supplies Controller. This is patently false, Clause 2(c) of the Punjab Light Diesel Oil and Kerosene Dealers Licensing Order, 1978 defines the term “District Magistrate”, the same is reproduced hereunder:- “District Magistrate” means the District Magistrate of the District and includes the Sub Divisional Magistrate, Deputy Director Food & Supplies, Assistant Director, Food & Supplies, District Food and Supplies Controller and Additional District Food & Supplies Controller within their respective jurisdiction.” (Emphasis applied) xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx CWP No.2546 of 2009.doc - 3 – (5). In view of the definition of “District Magistrate” which includes the District, Food and Civil Supplies Controller, there is no lack of competence with respondent No.4 to pass an order of suspension. (6). The writ petition is accordingly dismissed, however, with liberty to the petitioner to file an appeal under Section 12 of the Order before respondent NO.2, namely, Director, Food and Civil Supplies and Consumer Affairs, Punjab within a period of one month who shall hear and decide the petitioner’s appeal within a period of three months from the date of receipt of its filing. (7). Ordered accordingly. (8). Dasti . (SURYA KANT) JUDGE 20.07.2010 vishal shonkar