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2022 Supreme(SC) 1461

INDIRA BANERJEE, A. S. BOPANNA
Pawan Chaubey – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
Mr. Anupam Mishra, Advocate, Mr. Jenis Francis, Advocate, Mr. Hari Kumar, Advocate, For the Appellant / Mr. S.R. Singh, Sr. Advocate, Mr. Ankur Prakash, Advocate, Mr. Abhijit Banerjee, Advocate, For the Respondent.

JUDGMENT

Indira Banerjee, J.

 Leave granted.

2. This appeal is against a final judgment and order dated 18.08.2021 allowing the writ petition being WC No. 27656 of 2018 filed by the Respondent No.4, challenging an order of cancellation of the Fair Price Shop licence of the Respondent No.4.

3. The appellant before us is the subsequent allotee of the licence for the fair price shop. The appellant has been running the fair price shop. The appellant had made an application in the said writ petition for being impleaded as respondent. The said application was not considered.

4. After hearing learned counsel appearing on behalf of Respondent No.4 and learned counsel appearing on behalf of the respondent authorities, the High Court found that the licencing authority had proceeded to cancel the licence solely on the ground of previous conduct of the Respondent No.4 as his licence had been suspended earlier in 2013-2014. The High Court was of the view that once the orders of suspension passed in 2013-2014 were revoked, the licence could not have been cancelled on account of his previous conduct but only on the basis of fresh materials which the authority concerned was bound to discuss and the cha

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