SANJAY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.N. Gupta learned counsel for the petitioner.

(2.) The petitioner was holding a license to run a fair price shop for which an agreement was entered into. In the recent panchayat elections, the petitioner's wife has been elected as Gram Pradhan in December 2015. The impugned order, Annexure no. 1 has been passed cancelling the fair price shop license of the petitioner in view of the Government Order dated 18.7.2002 wherein it is provided, that once a family member of the fair price shop license holder is elected as Gram Pradhan then the license is bound to be cancelled.

(3.) Sri Gupta submits that this has been done without any notice or opportunity and even otherwise the same being an unreasonable prohibition goes to violate the provisions of Art. 19(1)(g) read with Article 39(a) of the Constitution of India. He, therefore, submits that a right had accrued to the petitioner on grant of license which cannot be taken away on the strength of aforesaid clause disqualifying the petitioner from further holding the license.