NABI AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Standing Counsel.

(2.) By this petition the Petitioner has challenged the order dated 30.10.2007 passed by the Sub-Divisional Magistrate, Moradabad and order dated 28.7.2008 passed by the Commissioner, Moradabad Division, Moradabad whereby the Petitioner's fair price shop license has been cancelled and the appeal preferred by the Petitioner has been dismissed by the appellate authority.

(3.) From the record it transpires that initially the Petitioner's fair price shop has been suspended by the Sub-Divisional Magistrate, Moradabad vide order dated 26.9.2007 on the ground that he could not lift the kerosene oil on the prescribed date according to roster. Thereafter a show cause notice dated 4.10.2007 has been issued by the Sub-Divisional Magistrate, Moradabad levelling certain allegation against irregular distribution of food-grains by the Petitioner. The Petitioner has submitted his replies along with his own affidavit on 1.10.2007 stating that the Petitioner could not lift the aforesaid kerosene oil due to the fact that on the aforesaid date he was busy in treatment of his wife who has undergone serious operation and so far as the allegation contained in the charge sheet dated 4.10.2007 is concerned, he has submitted specific reply to the Sub-Divisional Magistrate, Moradabad stating therein that the persons who have allegedly stated against him are big farmers and are also men of village Pradhan. They are not entitled to get B.P.L. and A.P.L cards in their names but due to manipulation by the village Pradhan B.P.L. and A.P.L. cards have been issued in their favour. It is also stated that they have not taken food-grains from the fair price shop of the Petitioner as such the food grains allocable to them was still available in the stock of the Petitioner. But due to inimical relation, the village Pradhan has instigated them to make complaint against the Petitioner so that his fair price shop license may be cancelled and the village Pradhan be able to make allotment of the aforesaid fair price shop in favour of his own man. The aforesaid reply is also supported by an affidavit. In order to establish the aforesaid fact the Petitioner has also filed an application moved by the Ex-Pradhan of the village who has sought cancellation of B.P.L. and A.P.L. cards issued in favour of the aforesaid persons vide his application dated 22.10.2007 made to Block Development Officer, Moradabad. It is also submitted that during the pendency of enquiry against the Petitioner though the aforesaid cards were not canelled by the competent authority but subsequently the B.P.L. and A.P.L cards issued in their favour have been ultimately cancelled after holding enquiry against them. But the aforesaid reply submitted by the Petitioner has not been accepted by the Sub-Divisional Magistrate, Moradabad and license of fair price shop of Petitioner has been cancelled without giving any reason for disbelieving the aforesaid statement of fact made by the Petitioner through affidavit. The appeal preferred by the Petitioner against the order dated 30.10.2007 has also been dismissed vide order dated 28.7.2008 passed by the Commissioner, Moradabad Division, Moradabad.