ANIL KUMAR SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) Heard, Shri O.P. Tiwari, learned counsel for the petitioner and Dr.Krishna Singh, learned Standing Counsel through Video Conferencing.

(2.) This petition has been filed challenging the order dtd. 4/7/2019, passed by the opposite party no.3 i.e. the District Supply Officer, District-Unnao by means of which the Fair Price Shop licence of the petitioner has been cancelled and the appellate order dtd. 8/11/2019, passed by the opposite party no.2 i.e. the Joint Commissioner (Food), Lucknow Division, Lucknow.

(3.) Submission of learned counsel for the petitioner is that the Fair Price Shop licence of the petitioner was suspended by means of order dtd. 25/8/2018 and the petitioner was directed to submit his reply. After considering reply submitted by the petitioner the Fair Price Shop licence of the petitioner was restored vide order dtd. 5/10/2018 as the complaint against the petitioner was not found sustainable and there was an enmity between the family of petitioner and the husband of Gram Pradhan. Thereafter another complaint was made on 10/12/2018 and the Fair Price Shop licence of the petitioner was suspended by means of order dtd. 24/1/2019 and a charge sheet was served to the petitioner on 31/1/2019, but the copy of the complaint and the statements of alleged card holders alleged to have been recorded in the inquiry and enquiry report were not provided to the petitioner. The petitioner had preferred an application for providing him a copy of the complaint and copy of the inquiry report on 6/2/2019, but without considering the same and affording any opportunity to the petitioner the impugned order dtd. 4/7/2019 was passed by means of which the Fair Price Shop licence of the petitioner has been cancelled. The petitioner had preferred an appeal, but without considering the grounds raised by the petitioner the appeal has been dismissed by means of order dtd. 8/11/2019. Therefore the petitioner has constrained to approach this Court.