BAHORI LAL GUPTA Vs. COMMISSIONER LKO. AND OTHERS

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has prayed for quashing the impugned orders dated 04.03.2008 passed by the respondent No. 1 and order dated: January, 2007 passed by the respondent No. 2 contained in Annexure Nos. 1 and 2 in the writ petition and also for issuing a writ in the nature of mandamus commanding the respondents not to give effect the aforesaid impugned orders as well as not to initiate the process for fresh allotment of shop. Heard learned Counsel for the parties.

(2.) THE petitioner is a Fair Price Shop licensee and the question involved in this case is as to whether non -furnishing the copy of the complaint or preliminary enquiry report or the inspection report or any other document, which has been utilized against the Fair Price Shop licensee while cancelling the licence, amounts to violation of principle of natural justice or not. The assertion of the petitioner is that the plea of opportunity of hearing and non -supply of relevant documents, which were taken into consideration by the Licensing Authority, was raised before the appellate authority but the same has not been dealt with in its correct perspective.

(3.) AFTER issuance of various other Government Orders, the matter again gained attention of this Court in re: Kallu Khan vs. State of U.P. and another [supra] before the Division Bench of this Court an objection was raised by the Standing Counsel placing reliance on the Full Bench judgment in U.P. Sasta Galla Vikreta Parishad (supra) that the right of petitioner being contractual in nature and not statutory, the remedy, if any lies, either by filing appeal before the appropriate authority as provided under the relevant Government Orders and for alleged breach of contract, the writ petition under Article 226 of the Constitution is not maintainable. The Division Bench after considering the Full Bench decision in U.P. Sasta Galla Vikreta Parishad, Sri Pappu vs. State of U.P. [supra], Harpal vs. State of U.P. and others, 2008 (3) ADJ 36 and various other cases, which has been relied by the State Counsel, observed in para. 59 of the report as under: -