JAWAHAR LAL MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel.

(2.) The present writ petition under Article 226 of India, has been preferred against the impugned order dated 16.7.2009 contained in Annexure No. 2 to the writ petition, by which the petitioner's agreement for fair price shop, has been cancelled by the Deputy Collector, Gonda and the appellate order dated 26.8.2009 contained in Annexure No. 1 to the writ petition, passed by the Commissioner, Devi Patan Mandal, Gonda by which the appeal preferred by the petitioner against the order dated 16.7.2009, has been dismissed.

(3.) The grievance of the petitioner is that in spite of the fact that the Additional Basic Shiksha Adhikari, had made an endorsement that a person appointed on the post of Shiksha Mitra, may be appointed a fair price shop dealer, by the impugned order, the license of the petitioner has been cancelled. A perusal of the impugned order dated 16.7.2009 contained in Annexure No. 2 to the writ petition, indicates that the license has been cancelled only because the petitioner is holding the license of fair price shop and simultaneously working on the post of Shiksha Mitra. Accordingly, the petitioner is obtaining double benefit. It has also been stated that Deputy Collector, Gonda while passing the impugned order, has not given reasonable opportunity of hearing.