SANTOSH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) AGGRIEVED against the suspension of the licence for purchase, sale or storage of sugar for sale under the U. P. Sugar Dealers Licensing Order, 1962, and to show cause as to why the same may not be cancelled and the security deposited in favour of the Government be not forfeited, the petitioner has approached this court by filing this writ petition.

(2.) AS only a short question is involved, with the consent of the learned counsel for the parties, we proceed to dispose of the writ petition finally.

(3.) UNDER the aforesaid clause a licence could be suspended only in two situations (i) suspension for contravening any provisions of the Control Order or condition of the licence or any direction, issued thereunder, this is a final order which is to be passed only after giving to the licensee a reasonable opportunity of being heard. In case for any contravention, the licensee has been convicted, then his licence can be suspended or cancelled without giving any opportunity of being heard in respect of the alleged contravention, (ii) Interim suspension pending inquiry this interim suspension can be passed only when inquiry against the licensee for contravening of the provisions of the Control Order, condition of the licence or the direction, has been initiated and is pending. However the interim suspension, pending enquiry, cannot extend beyond a period of two weeks."