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NEERAJ TIWARI
Jagdamba Prasad – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned standing counsel for State- respondents.
2. Present petition has been filed with following relief;
3. Learned counsel for the petitioner submitted that license of fair price shop was issued to the petitioner on 22.3.2001 which, he was running smoothly. Due to village party bandi, a criminal case being case crime no. 391 of 2017, under Sections 147, 148, 149, 323, 504, 506, 307, 308, 452 I.P.C. was registered against the petitioner. He next submitted that considering the registration of criminal case against the petitioner, his license of fair price shop was cancelled by Sub Divisional Magistrate-respondent no. 5 vide order dated 17.10.2017. Against which, he has preferred present writ petition and after hearing the parties, Court has stayed the suspension order vide order dated 30.11.2017. He next submitted that till date, neither any enquiry has been initiated nor any proceeding is pending against the petitioner and in the aforesaid criminal ca
License of fair price shop was cancelled only on the ground of lodging of FIR as well as pendency of criminal case. Apart from that there is no allegation with regard to black marketing or misuse of ....
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.
Fair price shop licenses cannot be cancelled without conducting a proper inquiry and adhering to principles of natural justice, including providing a show cause notice and opportunity to respond.
The cancellation of a fair price shop licence without granting a personal hearing violates the principle of natural justice under Article 14 of the Constitution.
The existence of an alternative statutory remedy precludes the court from intervening under Article 226 of the Constitution.
The Sub-Divisional Magistrate must make new findings based on evidence presented after a Supreme Court remand, not rely on past decisions, ensuring compliance with principles of natural justice.
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