RAJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) We have heard learned counsel for the petitioner and learned Standing Counsel for the State.

(2.) Based on the irregularities committed by the petitioner, an FIR was also lodged under Section 3/7 of the Essential Commodities Act in which after due investigation a final report was filed which was accepted by the Magistrate and the case was closed. Based on the closure of the case, the petitioner moved an application before the SDM for restoration of his licence. This application was rejected against which the petitioner has filed the present writ petition.

(3.) The contention of the petitioner is, that his licence was cancelled on the basis of an FIR being lodged and, in support of his submission, learned counsel for the petitioner has placed reliance upon a decision in Smt. Raj Kumari vs. State of U.P. and others, 2011 3 ADJ 638 (DB) in which a Division Bench of this Court has held that a fair price shop licence cannot be cancelled on the mere filing of an FIR.