LAWS(ALL)-1991-3-36

SATYA PRAKASH Vs. STATE OF U P

Decided On March 19, 1991
SATYA PRAKASH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THE order dated 4th March. 1991, passed by the District Supply Officer, Bareilly, suspending the licence held by the petitioner as a retail dealer under the U. P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 (hereinafter referred to as the Order) is being impugned in the present writ petition.

(2.) THE only reason given for passing the impugned order is that upon an information received on 21st February, 1991, by the Sub-Divisional Officer, Meerganj, a raid was conducted at the business premises of the petitioner and certain irregularities were found. A first information report had been lodged alleging therein that the petitioner was liable to be prosecuted under section 3/7 of the Essential Commodities Act, 1955.

(3.) THE impugned order is quashed. However, we make it clear that the Licensing Authority will be at liberty to pass a fresh order in accordance with law and after due application of mind.