Sangeeta Chandra, J. - (1.) This writ petition has been filed challenging the order dated 28.12.2017 by which the Fair Price Shop licence of the petitioner has been suspended by the Sub Divisional Magistrate, Sahaswan, District Budaun and he has been directed to submit the original distribution and stock register and all records of past three months within a period of 15 days from the date of receipt of this order.
(2.) It has been argued by the learned counsel for the petitioner that in similar matters this Court has interfered with and he has relied upon two judgments of this Court in Writ - C No. 5511 of 2017: Rammoorat Vs. State of U.P. and others decided on 15.02.2017 and in Writ - C No. 10672 of 2017: Brijsewak Gupta Vs. State of U.P. and 3 others, decided on 08.03.2017 to say that in all cases statutory remedy of appeal is not the appropriate remedy and this Court has interfered in similar matters.
(3.) I have perused the orders relied upon by the learned counsel for the petitioner and I find that in the case of Rammoorat Vs. State of U.P. and four others this Court was considering the suspension order wherein no charge sheet or show cause notice was served upon the petitioner and there was a specific allegation and an FIR was lodged under Section 3/7 of E.C. Act and this Court has relied upon a Division Bench judgment in the case of Smt. Raj Kumari Vs. State of U. P. and others, 2011 3 ADJ 638 wherein the Hon'ble Division Bench has held that a licence cannot be cancelled on mere filing of a F.I.R. under Section 3/7 of Essential Commodities Act. The Government Order dated 29.07.2004 specifically provides that before suspension of the Fair Price Shop a preliminary inquiry shall be held and after suspension a complete inquiry shall be made within a maximum period of one month after opportunity of hearing to the Fair Price Shop licensee and thereafter a speaking order on merits shall be passed.;