SITA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is a licensee of the fair price shop. His licence has been suspended by means of an order dated 3. 8. 2007. The order says that Gaon Sabha has passed a resolution considering the complaints of various persons for suspending the licence and the Sub-Divisional Magistrate, on the basis of the aforesaid resolution, has suspended the licence.

(2.) APART from the plea that the Sub-Divisional Magistrate has suspended the licence on no valid ground, it has been vehemently urged that since the order of suspension has been passed without affording prior opportunity to the petitioner, therefore, the same is bad. In support of the aforesaid plea, reliance has been placed upon the provision of Para 8 (2) of the Uttar Pradesh Scheduled Commodities Dealers (Licensing and Restriction Hoarding) Order, 1989, hereinafter referred to as 1989 Order.

(3.) THE 1989 Order has been issued by the State Government for securing equitable distribution and availability of essential commodities at fair price and, therefore, in exercise of the powers under section 3 of the Essential Commodities Act, 1955 read with the Government of India, Ministry of Agriculture and Irrigation (Department of Food) Notification No. G. S. R. 800, dated June 9, 1978, issued under section 5 of the said Act and all other powers enabling him in this behalf and with prior concurrence of the Central Government, the Governor has made the Order of 1989.