By the Court.—Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.

2. The prayer in this petition is for quashing of Clause 10 (Gha) of the Government Order dated 17.8.2002 and for issuance of an appropriate order so that the petitioner may be able to get licence of the fair price shop in question which is being withheld on account of want of a Character Certificate from the police authorities.

3. The Character Certificate does not appear to have been issued to the petitioner on account of pendency of a criminal case against him where the applicant-petitioner has been summoned. Learned Counsel for the Petitioner submits that the said case is an outcome of a non-cognizable report having been entertained and is an absolutely frivolous complaint made about a dispute over some pathway. It is therefore submitted that mere pendency of a case having been registered in the manner aforesaid should not be an obstruction for issuance of a Character Certificate nor can the same be treated to be a disqualification under the Government Order dated 17.8.2002.

4. Learned counsel has further relied on the judgment of the Apex Court in the case of Commis