Neutral Citation No. - 2025:AHC:11520 Court No. - 33 Case :- WRIT - C No. - 42314 of 2024 Petitioner :- Smt. Sanju Gupta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohan Yadav Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer: "(i) Issue a, writ, order or direction in the nature of CERTIORARI quashing the impugned order dated 4.12.2024 passed by respondent no.4, District Supply Officer, Hathras District Hathras whereby the license of fair price shop of the petitioner has been suspended (Annexure no.1 to this writ petition)." 3. Learned counsel for petitioner submits that petitioner is fair price shop license holder and fair price shop license of petitioner has been suspended by impugned order. 4. At the very outset, learned Standing Counsel has objected that the petitioner has remedy of filing an appeal. 5. Learned counsel for petitioner was offered to file an appeal against impugned order, however, learned counsel for petitioner insisted that matter may be heard and decided. Accordingly, the matter is being taken up and decided. 6. Primary submission of learned counsel for petitioner is that petitioner is fair price shop license holder and as per allegation in the suspension order, it is alleged that 361.30 quintal rice was not available. Learned counsel for petitioner submits that on the aforesaid basis, First Information Report was lodged and now suspended the license of petitioner. 6-A. Learned counsel for petitioner has relied upon the judgement of this Court in Smt. Raj Kumari Vs. State of U.P. and others, 2011 (0) Supreme (All) 589, to submit that suspension of fair price shop, only on the basis of criminal case, cannot be permitted. Learned counsel submits that there is no irregularity found in the fair price shop of the petitioner and the allegations are with regard to handing over of rice, which would at best amount to breach of trust. 7. Learned Standing Counsel has opposed the writ petition and submits that rice, which was handed over to petitioner has been sold and black marketing was done, as a result of same, suspension order has been passed. There is no error in the order. 8. It is to be seen that in the present case, the impugned order has been passed placing fair price shop of the petitioner under suspension. The allegation of respondent-State is that 361.30 quintal rice was handed over to petitioner, however, on inspection of the shop, the same was not found in the fair price shop of the petitioner. No explanation has been offered by learned counsel for petitioner as to status of rice that was handed over to petitioner. 9. The submission of learned counsel for petitioner is that on the basis of criminal case lodged under Section 3/7 Essential Commodities Act, the license of petitioner cannot be suspended. 10. Perusal of impugned order would demonstrate that although there was direction for lodging of FIR, however, in exercise of power, suspension order has been passed. Suspension of fair price shop is based on the fact that petitioner has not given any explanation of rice, which was handed over to petitioner, this may entail both civil and criminal consequences. Petitioner cannot be permitted to raise objection that statutory power of cancelling the fair price shop cannot be made. 11. The second limb of argument of learned counsel for petitioner is that rice was handed over to petitioner would not amount to violation of fair price shop agreement and at best, would amount to breach of trust. 12. It is to be seen that petitioner was handed over the rice in the capacity as fair price shop owner, as such, the aforesaid argument is not tenable under law. 13. Accordingly, the writ petition sans merit and is dismissed. 14. Respondent no.4-District Supply Officer, Hathras, District Hathras is directed to conclude enquiry, pending consideration, with regard to cancellation of fair price shop license of petitioner within a period of one month. Order Date :- 23.1.2025/D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad