MOTI LAL BURNWAL Vs. DISTRICT SUPPLY OFFICER

JUDGEMENT

(1.) BY means of this writ petition the petitioner has prayed for quashing the order dated 25-7-1989, contained in Annexure III attached with the writ petition, whereby the licence of the petitioner has been suspended.

(2.) THE petitioner had been granted a licence under the provisions of U. P. Kerosene Control Order, 1962 (hereinafter referred to as the Control Order). On 20-7-1989 the shop of the petitioner was inspected and it was found by the Senior Marketing Inspector that 14 litres of kerosene oil fell short of the requisite stock, therefore, the impugned order against the petitioner has been passed.

(3.) AFTER weighing the contentions raised on behalf of the parties and purusing the relevant para 11 of the Control Order quoted above, we are of the opinion that the order contained in Annexure III attached with the writ petition is patently erroneous. It appears that the aforesaid order has been passed against the petitioner by way of punishment. The suspension of the petitioner's licence is not during the pendency of any enquiry and the suspension of the licence can take place only if he has been given an opportunity in view of submitting his explanation for the alleged contravention of the relevant para 11 of the Control Order. Since no opportunity has been given to the petitioner the order contained in Annexure III attached with the writ petition suffers from patent error of law.