GAURAV DIXIT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) The question of law involved in the present petition is that whether the fair price shop license/agreement could be cancelled/suspended on the ground of registration of F.I.R. under Sec. 3/7 Essential Commodities Act.

(3.) Facts in brief as contained in the petition is that the petitioner was fair price shop license holder and his license of fair price shop was suspended by the respondent No.3/District Supply Officer, Amroha vide its order dtd. 30/8/2018 and thereafter the same was cancelled vide order dtd. 6/3/2019 only on the ground that the petitioner misused the Aadhar Card many times and manipulated the Food Grains for which an F.I.R. under Sec. 3/7 of Essential Commodities Act and Ss. 420, 467 and 468 I.P.C. has been lodged against him. Aggrieved with the aforesaid order, statutory appeal as provided under Sec. Sec. 13(2) of U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 was filed by he petitioner before the respondent No.2/Additional Commissioner (Administration), Moradabad Division, Moradabad which had been rejected by him vide order dtd. 24/2/2020.