ARVIND KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajesh Kumar, learned counsel for the petitioner; Sri Sunil Kumar Singh, learned counsel for the Gaon Sabha and learned Standing Counsel for the State- respondents.

(2.) At the outset, learned counsel for the petitioner has not pressed prayer no.2 made in the writ petition.

(3.) Having heard learned counsel for the parties, it transpires, the petitioner's fair price shop licence was cancelled by order dtd. 15/12/2021 passed by the Sub- Divisional Magistrate, Sikandrabad. The petitioner filed appeal their against. It was numbered as 1707 of 2021. While deciding that appeal, the Additional Commissioner, Meerut has passed a five paragraph order. The first two paragraphs of that order are formal in nature giving description of the order giving rise to the appeal and the appeal authority having heard the parties. In the third paragraph of the order, grounds of appeal pressed by the petitioner, have been noted. Thereafter, in the fourth paragraph, observations have been recorded by the appeal authority to the effect that - (i) the appeal authority had heard the matter and applied its mind to the grounds of appeal; (ii) the appeal authority had examined the order under appeal; (iii) the order impugned (in the appeal) dtd. 15/12/2021 was passed on merits after giving opportunity to the petitioner to put its case and lead evidence.