SHAHID HUSAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jai Singh Yadav, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

(2.) Present writ petition has been filed against the order dtd. 16/3/2018 passed by the Licensing Authority whereby the fair price shop agreement in favour of the petitioner has been cancelled. Further, challenge has been raised to the order dtd. 23/9/2019 passed by the Appeal Authority who has confirmed the order dtd. 16/3/2018.

(3.) Submissions advanced by learned counsel for the petitioner are that cancellation order has been passed, amongst others on grounds that had not even been mentioned in the charge sheet. To that extent, the cancellation order is passed on extraneous consideration. Second, it has been submitted, the entire proceedings have arisen on unverified facts. The complaint was not supported by personal affidavit of any of the complainants. Amongst others, it included names of dead persons such as Salim S/o Sirajuddin, Jagat Pal S/o Lal Sahai, Vimla Devi W/o Mahipal, Champa Devi W/o Ram Lal and Prem Kali W/o Chandra Pal. The preliminary enquiry was conduced behind the back of the petitioner.