SHAMIM RAZA Vs. STATE OF U P

JUDGEMENT

(1.) -The petitioner was granted licence/agreement to run fair price shop. The District Supply Officer, Kanpur Nagar through order dated 15.5.1992 refused to renew the agreement/licence after 30.4.1992. Against the said order, petitioner filed Appeal No. 262/94. The Commissioner, Kanpur Division, Kanpur, dismissed the appeal on 18.11.1993 hence, this writ petition.

(2.) AN order earlier passed on 16.4.1992 by District Supply Officer, Kanpur Nagar, copy of which is ANnexure-3 to the writ petition, has also been challenged through this writ petition. The said order was in the nature of notice indicating that it was apparent from perusal of record that during last five years, petitioner's shop was suspended and was found closed on several occasions and fine was also imposed for irregularities and it was also found that the petitioner was an advocate. Through the said notice, it was indicated that the matter would be considered by the Screening Committee and reply must be given within three days. From the impugned order dated 15.5.1992, it is clear that the Screening Committee considered the case of the petitioner and his performance as fair price shop owner during last five years and Screening Committee found the following facts proved against the petitioner :

(3.) THE above irregularities and the minor penalties awarded on the basis thereof taken in isolation might not be sufficient to cancel the agreement/licence. However, such irregularities and penalties taken together could be sufficient ground for refusal to renew the licence. Cancellation of licence/agreement stands on slightly different footing than refusal to renew the same.