MUKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This writ petition is directed against order dated 17.08.2007 passed by Deputy Collector, Manjhanpur, Kaushambi cancelling fair price shop agreement/dealership of the petitioner (Annexure-V to the writ petition). Against the said order, petitioner filed appeal being Appeal No. 213 of 2007. Deputy Commissioner (Food), Allahabad Division, Allahabad dismissed the appeal on 30.05.2008. Said order has also been challenged.

(3.) The main argument of learned Counsel for the petitioner was that petitioner's agreement/dealership has been cancelled on the direction of Sri Indrajeet Saroj, Minister, Samaj Kalyan, Bal Vikas Pushtahar, Krishi Vitaran, Krishi Videsh Vyapar and Krishi Export Department, U.P. The Minister concerned is respondent No. 5 in the writ petition. Annexure-IV to the writ petition is photostat copy of application given by Tirathraj, respondent No. 6 and two others to the Minister concerned. In the said application, it is mentioned that petitioner's agreement/dealership had been suspended two months before, however till the date of application, the same had not been cancelled. It is also mentioned that even though earlier the Minister concerned had written still the agreement/dealership had not been cancelled. On the margin of the said application, the Minister concerned on 04.08.2006 wrote to the S.D.M. concerned that action/proceeding for cancellation of quota should be taken. In view of this startling situation/direction, this Court on 04.01.2010 passed following order: