RAM AWADH Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. Heard the learned Counsel for the parties. The petitioner's fair price shop licnece was cancelled. He filed an appeal which was dismissed by the impugned order dated 12-2-1996. The im pugned order shows that in place of petitioner the Gaon Sabha recommended respondent No. 5 Ashok Kumar for allot ment of the fair price shop. In view of the fact that there were many complaints against the petitioner, I am not inclined to pass any order in favour of the petitioner, but at the same time I am of the opinion that no fair price shop should be granted to Sri Ashok Kumar, as he is involved in a case under Section 302,i. P. C. as is evident from the impugned order. Unless she is acquitted in that case I am of the opinion that Ashok Kumar is not a suitable person for grant of a licence of fair price shop.

(2.) LEARNED Counsel for the respondent submitted that there is nothing in the condi tions of grant of licence that person in volved in a criminal case cannot be granted a licence for running a fair price shop. In my opinion it is implicit that if person is in volved in a serious criminal case then he is not a fit person for grant of a fair price shop licence. Hence I dispose of this writ petition finally with a direction to the Gaon Sabha to consider any other suitable person for grant of the said licence. Order accordingly. .