Rajasthan High Court - Jodhpur
Ram Kumar vs State & Anr on 16 September, 2016
Author: Sangeet Lodha
Bench: Sangeet Lodha
CIVIL WRIT (CW) No. 6327/2014
Ram Kumar Vs. State of Rajasthan and Anr.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
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CIVIL WRIT (CW) No. 6327/2014
PETITIONER
Ram Kumar S/o Shri Bhajan Lal, by caste Meghwal,
aged 41 years, Proprietor of M/s R.K. Indane Gramin
Vitrak, Muklawa, District Sri Ganganagar.
Vs.
RESPONDENTS
1. State of Rajasthan, Through : District Supply
Officer, Sri Ganganagar.
2. Indian Oil Corporation Ltd., Through- Senior Area
Manager, Jodhpur Area Office, Sector 12, Chopasani
Housing Board, Jodhpur.
Date of Order : 16/09/2016
HON'BLE MR. SANGEET LODHA,J.
Mr. Arpit Bhoot, for the petitioner.
Mr. L.R.Bishnoi,DY.GC ]
Mr. Vipul Dharnia ], for the respondents.
ORDER
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This petition is directed against the order dated 4.4.14 issued by the District Supply Officer, CIVIL WRIT (CW) No. 6327/2014 Ram Kumar Vs. State of Rajasthan and Anr. 2 Sriganganagar, whereby the licence issued in favour of the petitioner to operate LPG Distributorship, stands suspended for a period of 30 days.
It is not disputed before this Court by the learned Deputy Government Counsel that the period of suspension of licence of the petitioner has not been further extended and therefore, suspension of licence does not survive. Learned Deputy Government Counsel further submits that the proceeding for cancellation of the licence against the petitioner is pending, however, in a criminal case registered against the petitioner, the police has already filed negative final report; against which, authority concerned has filed protest petition.
Learned counsel appearing for the petitioner submits that despite expiry of the period of suspension, the supply of the petitioner has not been restored by the respondent Indian Oil Corporation Limited ('IOCL') till this date.
In the considered opinion of this Court, the order suspending the licence of the petitioner having lived its CIVIL WRIT (CW) No. 6327/2014 Ram Kumar Vs. State of Rajasthan and Anr. 3 life and there being no further order passed by the competent authority continuing with the suspension, if permissible under the law, the petitioner's licence stands restored and therefore, there is absolutely no reason as to why the supply of the petitioner should not be restored by the IOCL.
Learned counsel appearing for the IOCL submits that the supply has not been restored inasmuch as the District Supply Officer has not issued 'No Objection Certificate'.
In this view of the matter, the writ petition is disposed of with the directions to the District Supply Officer to issue the necessary "No Objection Certificate"
to the IOCL within a period of two weeks for restoration of the supply, pending conclusion of the inquiry against the petitioner for cancellation of the licence. No order as to costs.
( SANGEET LODHA ),J.
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