RAJENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner is a fair price shop licensee of Gram Panchayat Sutari, Tehsil Hasanpur, District Amroha. Certain allegations of malpractices and irregularities committed by the petitioner in distribution of essential commodities caused the lodgement of a F.I.R. against the petitioner. The F.I.R. was lodged on 17.03.2018 as Case Crime No. 0089 of 2018 under Sec. 3/7 of the Essential Commodities Act, at P.S. Said Nagli, District Jyotiba Phule Nagar. Subsequent to the lodgement of the F.I.R., an order was passed on 28.03.2018 suspending the license of the petitioner. The order dated 28.03.2018 also directed the petitioner to show cause on the said allegations of malpractices in distribution of essential commodities within a week. The petitioner submitted an application dated 05.05.2018 stating therein that he is not able to submit his explanation within the time specified due to an illness and requested for ten days further time to give his reply.

(2.) The petitioner has assailed the order dated 28.03.2018 suspending his license and asking him to show cause on the allegations of malpractices, in the instant writ petition.

(3.) Sri Jai Singh Yadav, learned counsel for the petitioner submits that the licence of the petitioner could not be suspended merely on the lodgement of the F.I.R.. He relies upon the Full Bench judgment of this Court in the case of Bajrangi Tiwari Vs. Commissioner, Devi Patan Mandal Gonda and another, reported at 2018 AIR (Allahabad) 115.