1 W.P.455/2012
18.01.2012
Shri D.S. Raghuwanshi, Advocate for petitioner. Shri Bhagwan Raj Pandey, Govt. Advocate for respondents/State.
Arguments heard.
Petitioner has filed this petition under Article 226 of Constitution of India for quashment of the order Annexure P/1 dated 2.01.2012 by which fair price shop of the petitioner has been cancelled and attached to another Society.
Order Annexure P/1 has been passed in the light of W.P.3487/2010 dated 16.12.2011 in which illegality and constitutional validity of Clause 4, 5 (3) & 6 of M.P. Public Distribution System (Control) Order 2009 has been challenged. The Division Bench of this Court has dismissed the petition with liberty to the owners to challenge the order of cancellation of fair price shops in accordance with law. It seems that the Sub Divisional Officer while cancelling the licence of the petitioner has over looked the provisions of the M.P. Public Distribution System (Control) Order 2009 regarding the repeal and Savings in Rule 15 of the order which provide that acts of repeal of earlier M.P. Public Distribution System (Control) Order 1960 and
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M.P. Khadya Padarth (Sawarjanik Nagrik Purti Vitran) Scheme 1991 shall not affect any right, privilege, obligation or liberty acquired, accrued or incurred under the order and scheme so repeal. Rule 15 of M.P. Public Distribution System (Control) Order 2009 is reproduced as under:-
"15. Repeal and Saving- The Madhya Pradesh Foodstuff (Distribution and Control Order, 1960 and the Madhya Pradesh Khadyapadarth (Sarvajnik Nagrik Poorti Vitaran) Scheme, 1991 are hereby repealed:
Provided that the repeal shall not effect--
(a) any right, privilege, obligation or liability acquired, accrued or incurred under the order and scheme so repealed:
(b) the previous operation of the order and scheme so repealed or consequences of anything already done or suffered thereunder."
Learned counsel for the respondent has drawn attention towards the provision of appeal enumerated in the new Control Order and submitted that petitioner has straightway filed the petition without flinging an appeal as the order Annexure P/1 has been passed with the direction of the Collector. This does not mean that the direction given by the Collector on administrative side will affect the right of filing an appeal before the appellate authority. Therefore, petitioner is directed to file an appeal
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before the appellate authority against the order Annexure A/1 drawing the attention towards the provisions and effect of repeal and Saving Clause of the M.P. Public Distribution System (Control) Order
2009.
Petition is dismissed with the aforesaid liberty to file an appeal.
(Anil Sharma) Judge
mani/-
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