SUNIL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned standing counsel for respondents. Petitioner's licence/ agreement/ dealership to run fair price shop was cancelled by District Supply Officer, Kanpur Nagar through order dated 27.04.2006. Against the said order petitioner filed Appeal No.545 of 2006, which was dismissed by Deputy Commissioner (Food), Kanpur on 25.09.2006 hence this writ petition.

(2.) PETITIONER was granted licence to run fair price shop at Village Surauli Post Deosar Tehsil Sadar District Kanpur Nagar. Through order dated 31.10.2005 ration card holders of adjoining village Dalelpur were also attached with the shop of the petitioner on the ground that licence of Smt. Nirmala Devi fair price shop dealer of village Dalelpur was suspended. Annexure-2 to the writ petition is suspension order dated 17.12.2005 passed against the petitioners. It is mentioned in the said order that inspection was made on 26.11.2005. Through the said order, petitioner was also required to submit his reply. The allegations mainly related to the ration card holders of village Dalelpur. Petitioner gave reply on 27.12.2005, copy of which is Annexure-3 to the writ petition.

(3.) ACCORDINGLY , the impugned orders are perverse as they have not taken into consideration the relevant facts and are based on irrelevant evidence (non-distribution of essential commodities to Dalalpur card holders prior to November, 2005).