JUDGMENT :

1. Heard Sri A. Kumar Singh, learned counsel for the petitioner and Sri S.N. Shukla, learned Standing Counsel for the State respondents.

2. By means of this writ petition under Article 226 of the Constitution of India, the petitioner has approached this Court for quashing the order dated 31.7.2008 by which the fair price shop license of the petitioner has been cancelled on the ground that there were two criminal cases pending against the petitioner bearing Case Crime No. 183 of 2008, under Sections 452/323, 504, 506 IPC and one Non-Cognizable Report (for short 'NCR') No. 98 of 2007, under Sections 323, 504, 506 IPC.

3. Initially writ petition was entertained by a Division Bench of this Court vide order dated 21.8.2008 and this Court while noticing the argument of learned counsel for the petitioner that the offences that were though criminal in nature but were petty offences and should not have formed the basis of cancellation of fair price shop license, stayed the effect and operation of the impugned order 31.7.2008.

4. Pursuant to the above interim order dated 21.8.2008 petitioner has been running the fair price shop till today.

5. Briefly stated facts of the case are that t