JAGDAMBA PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel for State- respondents.

(2.) Present petition has been filed with following relief;

(3.) Learned counsel for the petitioner submitted that license of fair price shop was issued to the petitioner on 22/3/2001 which, he was running smoothly. Due to village party bandi, a criminal case being case crime no. 391 of 2017, under Ss. 147, 148, 149, 323, 504, 506, 307, 308, 452 I.P.C. was registered against the petitioner. He next submitted that considering the registration of criminal case against the petitioner, his license of fair price shop was cancelled by Sub Divisional Magistrate- respondent no. 5 vide order order dtd. 17/10/2017. Against which, he has preferred present writ petition and after hearing the parties, Court has stayed the suspension order vide order dtd. 30/11/2017. He next submitted that till date, neither any enquiry has been initiated nor any proceeding is pending against the petitioner and in the aforesaid criminal case, petitioner has already been enlarged on bail. He next submitted that Government Order dtd. 17/8/2002 prohibits for allotment of fair price shop to a person against whom a criminal case is registered, but that is having no provision to cancel the license of fair price shop in case of involvement in a criminal case after allotment. There is no allegation of misuse of food grains or black marketing of the same and the only ground of suspension of license of fair price shop is pendency of criminal case against the petitioner. He next submitted that this Court in the matter of Anil Kumar Dubey Vs. State of U.P. and others; (Civil Misc. Writ Petition No. 16723 of 2010) decided on 17/1/2011 has considered this aspect that even after submission of charge sheet, Court is of the view that mere pendency of criminal case and filing of charge sheet cannot be a ground for cancellation of license of fair price shop until there is order of conviction, therefore, suspension order is bad and liable to be set aside.