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CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Abhinandan Yadav S/o Basudev Yadav – Appellant
Versus
State of Bihar through the Secretary, Food and Consumer Protection Department, Bihar, Patna – Respondent
JUDGMENT :
CHAKRADHARI SHARAN SINGH, J.
This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.
2. The petitioner was granted licence for running a Fair Price Shop under Bihar Trade Articles (Licenses Unification) Order, 1984, read with Bihar Fair Price Shop Order, 2007 ('2007 Order' for short). Alleging certain irregularities, the petitioner was put to a show cause through letter dated 03.12.2009, asking him to explain as to why his licence No. 163 of 2007 be not suspended/cancelled. The petitioner submitted his response on 10.12.2009.
3. The Licensing Authority, after rejecting the petitioner's explanation put him to second show cause notice asking him to explain as to why his licence be cancelled. In the meanwhile, it was decided to suspend the petitioner's licence by the same order issued by memo No. 02-2 dated 02.01.2010. The petitioner submitted his reply to the second show cause notice on 11.01.2010.
4. The Licencing Authority, after considering the petitioner's reply to the second show cause notice, by an order dated 30.03.2010, cancelled the petitioner's licence. Further, the petitioner's appeal against the order
Licenses for fair price shops cannot be cancelled solely based on the lodging of an FIR against the licensee; due process and inquiry must be followed.
The 90-day period for suspension of a license under the relevant provisions of the Gujarat Essential Commodities Order, 2004 and the Gujarat Essential Articles (Licensing, Controlling and Stock Decla....
The main legal point established in the judgment is that the 90-day period for suspension of a license pending inquiry, as per Clause 8(2) of the Gujarat Essential Articles (Licensing, Controlling an....
A suspended license under the Assam Public Distribution of Articles Order must have timely cancellation proceedings initiated within 90 days; otherwise, the suspension becomes invalid.
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