SHAMSHAD AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Under challenge is the order dtd. 13/6/2016 passed by the Additional Commissioner (Administration) Faizabad Division, Faizabad whereby the appeal of the petitioner filed under Sec. 23 (3) of the U.P. Civil Food Supplies Government Order 2004 whereby the order cancelling the license of the petitioner for Fair Price Shop, dtd. 23/8/2012, passed by the Sub Divisional Magistrate, District Ambedkar Nagar has been affirmed.

(2.) The submission of learned counsel for the petitioner is that the Sub Divisional Magistrate, Tanda, District Ambedkarnagar had suspended the Fair Price Shop license of the petitioner on 24/7/2012 allegedly on a complaint by one Sri Azaz Ahmad. It is urged that the petitioner was not given any opportunity of hearing before cancelling the license on 20/3/2018 nor any inquiry was held nor any opportunity of hearing was provided, thus, the order dtd. 23/8/2012 was bad in the eyes of law.

(3.) It has further been submitted that the petitioner preferred an appeal before the Additional Commissioner (Administration) Faizabad Division, Faizabad which was also dismissed by means of order dtd. 13/6/2016 without considering the submissions as well as ignoring that despite no opportunity having been granted, yet, the Appellate Authority has affirmed the order passed by the Sub Divisional Magistrate which is contrary to the law as well as the settled legal principles as laid down by a Full Bench of this Court in the case of Pooran Singh Vs. State of Punjab reported in 2010 (2) UPLBEC 947, which has been relied by another coordinate Bench of this Court in the case of Idrish Vs. State of U.P. and Others reported in 2018 (36) LCD 1186 and Om prakash Vs. State of U.P. and Others reported in 2018 (36) LCD 1090.