Rajiv Sharma, J. - (1.) HEARD Mr. Om Prakash Misra, learned Counsel for the Petitioner and Mr. Sanjay Sarin, learned Standing Counsel.
(2.) BY means of instant writ petition, the Petitioner prays for quashing the impugned order dated 21.5.2005 passed by the District Supply Officer/opposite party No. 3 and order dated 31.3.2008 passed by the Commissioner, Devi Patan Division, Gonda/opposite party No. 2. His further prayer is that the opposite parties may be directed to restore the licence of the fair price shop of the Petitioner forthwith in the interest of justice. Learned Counsel for the Petitioner submits that some persons belonging to the Petitioner's village made a complaint. Subsequently, an FIR was lodged and a charge sheet was filed against the Petitioner. As the charges were not proved during the course of trial, the case was ended into acquittal. According to the Petitioner, the order passed by the opposite party No. 3 has not been served upon her. When she came to know the aforesaid fact, the Petitioner moved an application before the opposite party No. 3 for restoration of licence of her fair price shop, keeping in view the judgment passed by the trial Court dated 26.10.2007. During the course of trial, none of the prosecution witnesses supported the prosecution story. Being aggrieved, she filed an appeal and the Appellate Authority dismissed the appeal by the order dated 31.3.2008.
(3.) PETITIONER 's Counsel vehemently argued that as she was acquitted by the trial Court, the license ought to have been restored, but without considering these facts, the Licensing Authority and Appellate Authority have passed the orders.;