Pooja Fps v. Commissioner Food and Supply & Anr

O R D E R %

08.11.2024

¶1The present writ petition impugns order dated 25th September, 2024 passed by the Special Commissioner (F&S)/ Appellate Authority, deciding the Petitioner's appeal No. 23/2023 under Clause 6(6) of the Delhi Specified Articles (Regulation of Distribution) Order, 1981. The said appeal was filed against order dated 1st June 2021 passed by Respondent No. 2/ Assistant Commissioner (North-West), cancelling the Petitioner's license of Fair Price Shop.

¶2While deciding the appeal, the Appellate Authority set aside the aforesaid cancellation order and remanded the matter back to AC (North-West), directing them to conduct a fresh enquiry against the Petitioner, and pass a fresh order in compliance with the principles of natural justice.

¶3Ms. Riya Gulati, counsel for the Petitioner, states that the Petitioner's license was cancelled on 1st June, 2021, and that they have been relentlessly This is a digitally signed order. pursuing this matter by filing appeals and petitions before this Court. She also places reliance on the orders of this Court in W.P.(C) 5905/2021 as well as CONT.CAS(C) 773/2024, through which the Appellate Authority had been directed to dispose of the Petitioner's appeal. Ms. Gulati emphasises that the Respondents have not adhered to the timelines delineated by the Appellate Authority for the conduct of enquiry.

¶4After making some submissions, she urges that in light of the aforesaid circumstances, she is confining her relief to issuance of directions to the Respondents to conduct the enquiry in a time bound manner.

¶5In light of the above, the present petition is disposed of with the following directions:

(i) Respondent No. 2/ AC (North-West) shall immediately comply with the timelines decided by the Appellate Authority, and positively provide a copy of all the documents to the Petitioner within five days from today.

(ii) The Petitioner would submit their reply within two weeks from the date of receipt of the documents.

(iii) Thereafter, Respondent No. 2 shall conclude the enquiry within a period of eight weeks from the date of receipt of the reply.

¶6The Court has not examined the merits of the case. All rights and contentions of the parties are left open.

¶7With the above directions, the petition is disposed of along with pending application.

SANJEEV NARULA, J NOVEMBER 8, 2024 nk This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15549/2024, CM APPL. 65282/2024 POOJA FPS .....Petitioner Through: Ms. Riya Gulati, Advocate. versus COMMISSIONER FOOD AND SUPPLY & ANR ......Respondents Through: Ms. Hetu Arora Sethi, ASC with Mr. Arjun Basra, Advocate for GNCTD. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA