CWP No. 7042 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 7042 of 2010 Date of Decision: 21.4.2010 Kashmir Singh ....Petitioner. Versus State of Haryana and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. J.S. Cooner, Advocate for the petitioner. AJAY KUMAR MITTAL, J. By way of instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the orders dated 11.9.2008 (Annexure P-1) whereby his licence of ration depot was cancelled by respondent No.5 and dated 31.12.2009 (Annexure P-2) passed by respondent No.3 upholding the order of cancellation of depot and dismissing the appeal. Put shortly, the facts of the case are that the petitioner was running a fair shop in village Talheri, Tehsil Pehowa, District Kaithal, being a licence holder of the ration depot. Respondent No.6 sent a report by way of letter No. 181 dated 13.6.2008 to respondent No.5 that some villagers had given a complaint against the petitioner. On the basis of the said report, respondent No.5 issued two show cause notices dated 1.7.2008 and 22.7.2008 to the petitioner who submitted CWP No. 7042 of 2010 -2- his replies thereto dated 18.7.2008 and 3.9.2008 (Annexures P-4 and P-6, respectively) explaining therein that when he was going to the office of respondent No.6 along with the record pertaining to his depot on his motor cycle on 19.6.2008, the bag containing the said record fell down some where and a DDR dated 19.6.2008 (Annexure P-5) in that regard was got recorded with the police and respondent No.5 was also informed on that very day. According to the petitioner, respondent No.5 without inspecting the fair shop of the petitioner personally, cancelled the licence of the petitioner abruptly vide order dated 11.9.2008 (Annexure P-1) following the report made by respondent No.6. Against the order (Annexure P-1), the petitioner preferred an appeal before the Deputy Commissioner, Kurukshetra (respondent No.3) who dismissed the same vide order dated 31.12.2009 (Annexure P-2). Thereafter, the petitioner filed revision petition before the Commissioner, Ambala Division, Ambala Cantt. against the orders (Annexures P-1 and 2), who did not entertain the same on the ground of being without jurisdiction. Hence, the present writ petition. I have heard the learned counsel for the petitioner and have perused the record with his assistance. The appellate authority while affirming the order passed by respondent No.5 has recorded that the petitioner having been afforded various opportunities of hearing, could not produce the record either before the Assistant Food and Supplies Officer or the District Food and Supplies Controller, Kurukshetra. The appellate authority held that various allegations of irregularity were made against the petitioner and he was found unable to controvert the same. CWP No. 7042 of 2010 -3- In view of the above, this Court is satisfied that there is no illegality or perversity in the orders (Annexures P-1 and P-2) which may warrant interference by this Court in exercise of its jurisdiction under Articles 226/227 of the Constitution of India. Accordingly, finding no merit in the instant writ petition, the same is hereby dismissed in limine. April 21, 2010 (AJAY KUMAR MITTAL) gbs JUDGE