‘Unreasoned orders’: Punjab and Haryana High Court sets aside ration depot licence cancellation of Nuh man

Justice Puri remarked that livelihood issues fall within the ambit of Article 21 of the Constitution, which guarantees the right to life and liberty. “The mere fact that it is recorded that the reply filed by the petitioner was not satisfactory is not a reason for cancellation of the ration depot licence because it affects the livelihood of a person,” the court held.

The court stated on August 10 that “the orders dated 26.12.2022 (Annexure P-1) passed by the District Food Civil Supplies and Consumer Affairs Controller, Nuh, and dated 24.08.2023 (Annexure P-2) by the appellate authority, ie, the Deputy Commissioner, Nuh, are hereby set aside being unreasoned orders”.

The court remanded the matter back to the licensing authority, directing it to issue a fresh, reasoned order within three months after granting an adequate opportunity of hearing to the petitioner.

Hussain had moved the High Court under Articles 226 and 227 of the Constitution, challenging the cancellation of his fair price shop licence and the dismissal of his appeal by the Nuh Deputy Commissioner. Hussain’s counsel argued that the cancellation order merely cited the petitioner’s reply as “unsatisfactory” without discussing the allegations against him, while the appellate order upheld the decision without any independent reasoning.

During the hearing, Additional Advocate General Udit Garg, appearing for Haryana, was unable to controvert the submissions that both orders lacked reasons. Taking note, the court emphasised that cancellation of a ration depot licence cannot be justified on such vague grounds.

The High Court ruling reinforced the principle that orders passed by quasi-judicial and even administrative authorities must be “reasoned orders”.