NASEEM AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri S.M. Iqbal Hasan and Shri A.B. Singh for the petitioner and Smt. Subhash Rathi, Learned Standing Counsel for the respondents.

(2.) Counter and rejoinder affidavits have been exchanged and with the consent of the parties this writ petition is.being finally disposed of.

(3.) For deciding both the writ petitions, it is sufficient to refer to the pleadings in Writ Petition No. 111/2010. The petitioner, Naseem Ahmad was granted licence under "The Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 (hereinafter called the "Order, 1981"). Copy of the said license is filed as Annexure-1 to the writ petition . The said license has been renewed from time to time. The petitioner's premises was also approved from where he has been running his shop. Petitioner made an application to the District Supply Officer (hereinafter called the "DSO") on 29/8/2008, stating that the shop which was in the petitioner's tenancy is to be vacated hence boundaries of another shop which is across the road be approved. Supply Inspector inspected the boundaries and verified the boundaries vide his report dated 12/9/2008. However, the District Supply Officer vide his letter dated 4/10/2008 suspended the licence of the petitioner. However, the licence was restored by forfeiting the security of Rs. 5,000/- which order was challenged in the appeal and the appeal was allowed on 18/3/2009. It appears, that the District Supply Officer vide its letter dated 23/6/2009, wrote to the State Government for clarification referring to the Government Order dated 23/12/2005 which provides that the boundaries of the shop cannot be changed because the change of place of business amounts to be a new appointment. The State Government vide its subsequent letter dated 7/9/2009, informed the District Supply Officer that it is not possible to change the boundary in view of the Government Order dated 23/12/2005. Petitioner has come up before this Court for quashing the orders dated 24/10/2009, and 7/9/2009 passed by the District Supply Officer and Joint Secretary, Department of Food and Civil Supply respectively.