ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER's fair price shop agreement has been cancelled by means of order dated 15.4.2008 and the aforesaid order has been confirmed in appeal by the Commissioner, Agra Division, Agra vide order dated 10.8.2009. Both the authorities have recorded findings of fact that regular distribution of essential commodities was not made to the beneficiaries and the petitioner has violated conditions of agreement.

(2.) LEARNED counsel for the petitioner contended that eight affidavits were filed subsequently before the appellate authority wherein beneficiaries clearly said that they have no complaint against the petitioner and are satisfied with his system of distribution. Admittedly none of these documents were available before the Deputy Collector. He has clearly observed that no evidence in defence was produced before him. He has further recorded findings of fact as under: - <IMG>JUDGEMENT_508_ADJ7_2011Image1.jpg</IMG>

(3.) IN the entire writ petition these facts have not been challenged to be incorrect or perverse. IN the circumstances the said finding cannot be interfered in the under Article 226 of the Constitution of INdia.