Neutral Citation No. - 2025:AHC:89050 Court No. - 33 Case :- WRIT - C No. - 16986 of 2025 Petitioner :- Meerut Naujawan Rikshaw Chalak Cooperative Society Maqbara Diggi And Another Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Satyawan Shahi Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The advertisement dated 22.04.2025 issued by the respondent No.2/District Supply Officer, Meerut regarding allotment of fair price shop situated at Serial No.2 of the notification is under challenge. 2. It is argued by learned counsel for the petitioner that fair price shop license of the petitioner has been suspended by the respondent No.2 vide its order dated 18.11.2024 and subsequent to the same, inquiry report has been submitted and a detailed representation has been submitted by the petitioner on 12.11.2024. It is argued that though on the one hand no final decision has been taken by the authorities pursuant to the suspension order and on the other hand, fresh advertisement has been published for appointment of fair price shop dealer, copy of the advertisement is appended as Annexure No.2 to the writ petition. 3. Learned Standing Counsel argued that fresh notification was issued so that general public will get food grains in proper manner and without any difficulty. 4. Heard learned counsel for the parties and perused the record. 5. From perusal of the record, it is clear that as on date, fair price shop license of the petitioner was suspended and till date no final decision has been taken in the matter. Law is well settled that suspension of the fair price shop cannot be done for indefinite time. Sub-clause (7) and (8) of Clause 8 of the U.P. Essential Commodities (Regulation of Sale and Distribution) Control Order, 2016 itself provides the time limit which reads as follows :- "(7) The Competent Authority shall take prompt action in respect of violation of any condition of license including any irregularity committed by the fair price shop owner, which may include suspension or cancellation of the fair price shop owner's license. (8) The maximum period within which proceedings relating to enquiry into irregularities committed by the fair price shop owner shall be concluded, resulting in any action as under sub-clause (7) shall be two months." 6. Taking into consideration of the aforesaid provision in Writ C No.9541 of 2020 decided on 18.06.2020 this court set aside the suspension order which reads as follows:- Learned counsel for the petitioner has filed an undertaking in accordance with the scheme framed by this Court for entertaining petitions without a duly sworn affidavit. The said undertaking is taken on record. By impugned order dated 6.4.2020, the fair price shop licence of the petitioner has been suspended on the ground that a first information report has been lodged against him under the Essential Commodities Act. The suspension order does not call for any explanation from the petitioner. It is specific case of the petitioner that the respondents also did not hold any enquiry before or after suspending the licence. The submission of learned counsel for the petitioner is that under Clause 8 (8) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order 2016, the the maximum period within which proceedings relating to irregularities committed by fair price shop owner has to be concluded resulting in suspension of cancellation of his licence, is two months. In the instant case, neither any enquiry was held before passing suspension order nor after it was passed. It is also submitted that the suspension order could not continue beyond two months. Learned standing counsel is not in a position to dispute the submission made in this regard by learned counsel for the petitioner. Sub-clause (7) and (8) of Clause 8 of the Control Order reads as follows :- "(7) The Competent Authority shall take prompt action in respect of violation of any condition of license including any irregularity committed by the fair price shop owner, which may include suspension or cancellation of the fair price shop owner's license. (8) The maximum period within which proceedings relating to enquiry into irregularities committed by the fair price shop owner shall be concluded, resulting in any action as under sub-clause (7) shall be two months." It is admitted that before suspending the licence, no enquiry was held nor even after passing of the suspension order, in case it was a suspension pending enquiry. It is also not in dispute that two months has elapsed since passing of the suspension order. Consequently, the impugned order has been rendered un-sustainable in law. It is hereby quashed, leaving it open to the respondents to proceed afresh in accordance with law. The petition stands allowed to the extent indicated above. 7. In the facts and circumstances of the case, the present petition is disposed of directing the respondent No.2/District Supply Officer, Meerut to take a final decision in the matter most expeditiously and preferably within a period of six weeks from the date of production of certified copy of this order. 8. Any appointment regarding the aforesaid notification is made, the same will be subject matter of the final decision taken by the authorities. Order Date :- 26.5.2025 saqlain Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad