GANESH SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IT is submitted by Mr. Atanu Banerjee, appearing for the petitioner, that the petitioner was taken into custody in a case registered under Section 304/149 of the Indian Penal Code and, therefore, the units of fair price shop or the petitioner were attached with the other fair price shop. After petitioner was released on bail, he applied for restoration of the units which were previously attached to his shop, but the request was rejected on the ground that the said criminal case is pending against him. He further submitted that there is no allegation of any violation of any provisions of the Bihar Trade Articles (Licenses Unification) Order, 1984 (for short "the Unification Order") or any terms of the license or the terms of fair price shop agreement.

(2.) COUNSEL for the State submitted that the petitioner has got remedy of appeal and. moreover, the license was to be obtained for running the fair price shop but the fair price shop, was allotted under the agreement and the Government authorities, if so wish, may refuse to restore the agreement of fair price shop if there is any violation of the terms of the agreement.

(3.) IT appears that the petitioner has been convicted in a case which is not connected with his license of the fair price shop. It has not been indicated in the order as to which provision of law or which terms of license or the agreement has been violated by the petitioner. Only because the petitioner's criminal appeal is pending in this Court, he cannot be denied restoration of his units of his fair price shop.