M/S VIMLA STORE vs THE COMMISSIONER & ANR.

Judgment text excerpt

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 09.01.2025 + LPA 7/2025 & CM APPL. 626-27/2025 M/S VIMLA STORE .....Appellant Through: Mr Yogesh Kumar, Advocate. versus THE COMMISSIONER & ANR. .....Respondents Through: None. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA VIBHU BAKHRU, ACJ. (ORAL) 1. The appellant has filed the present appeal impugning an order dated 12.11.2024 (hereafter the impugned order) passed by the learned Single Judge dismissing the appellant’s petition being W.P.(C) No.8841/2024 captioned M/s. Vimla Store v. The Commissioner & Another. 2. The appellant (Smt. Vimla Devi) was engaged in the running of a Fair Price Shop (hereafter the FPS) for distribution of the food items to the card holders at a subsidised rate in terms of the authorisation dated 02.12.1985 issued by the Department of Food and Supplies, Government of National Capital Territory of Delhi. 3. In November 2014, the appellant filed an application tendering her Signature Not Verified Digitally Signed By:RAM LPA 7/2025 Page 1 of 7 KUMAR Signing Date:13.01.2025 16:56:12 resignation to operate the FPS citing health grounds. The said resignation was accepted by respondent no.2 in terms of an order dated 24.11.2014. Subsequently, appropriate directions were issued for linking card holders who were being serviced by the appellant’s FPS to other authorised FPS operators. 4. On 10.11.2020 – almost six years after tendering her resignation – the appellant filed an appeal (bearing No.22/2020) before respondent no.1 impugning the order dated 24.11.2014 whereby her resignation was accepted. The said appeal was rejected on 17.06.2021 as respondent no.1 did not find any flaw in the decision of respondent no.2 in accepting the appellant’s resignatio