KEERAT Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Supplementary affidavit filed today by the counsel for the petitioner is taken on record. Heard the counsel for the petitioner.

(2.) The present writ petition has been filed against the order dated 3.12.2012 passed by the Deputy District Magistrate, Mahrauni District Lalitpur cancelling the license of fair price shop allotted to the petitioner as well as against the order dated 15.1.2014 dismissing the appeal filed by the petitioner against the order dated 3.12.2012.

(3.) The argument of the counsel for the petitioner is that the order dated 3.12.2012 was passed without giving the petitioner any opportunity of hearing and without giving him the opportunity to cross examine the witnesses produced against him. It has been further argued that the order dated 3.12.2012 was passed without following the procedure prescribed in the Government Order dated 29.7.2004 in as much as no notice was issued to the petitioner giving him a last opportunity to present his case. It was argued that the appellate court has not considered the aforesaid aspect while dismissing the appeal filed by the petitioner. It was argued that for the aforesaid reasons, the orders dated 3.12.2012 and 15.1.2014 are contrary to law and are liable to be quashed. In support of his arguments, the counsel for the petitioner has relied on the judgments delivered in Ajay Pal Singh versus State of U.P and others 2018(7) ADJ 301 and Idrish versus State of U.P and others 2016(11) ADJ 161.