VIRENDRA PAL Vs. REGIONAL FOOD CONTROLLER BAREILLY

JUDGEMENT

(1.) By means of this petition the order dated 6. 2. 88 passed by the Licensing Authority, Bareilly is being challenged by the petitioner who holds food grains licence under the U. P. Food grains Dealers (Licensing and Restriction on Hoardings) Order, 1976. The undisputed facts are that he was dealer under the aforesaid Order in the year 1987. On an inspection being made of his premises on 20. 11. 1987 certain irregu larities were found. Pursuant to that the licence, which had been renewed in January, for the year 1988 and 1989, has been cancelled. Since the parties have already exchanged affidavits the petition can be finally disposed of at the admission stage itself as per Rules of Court. We proceed to do so as parties' learned counsel also agrees this. The contention of the learned Counsel for the petitioner is that if any irregularity has been found during the year 1987 this cannot validly form basis for cancelling the licence for the years 1988 and 1989. There is force in this contention. There was no warrant for cancelling the licence for the year 1988-1989. In our opinion the impugned order is manifestly illegal and cannot be upheld. In the result the petition if allowed and the order dated 6. 2. 88 cancelling the petitioner's licence is hereby quashed. There will be no order as to costs. .