RAJA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vishal Tandon, learned counsel for the petitioner and learned Standing Counsel for the State.

(2.) Present writ petition has been filed to challenge the order dtd. 2/3/2019 passed by the appeal authority whereby it has confirmed the order dtd. 5/6/2017 passed by the licensing authority to cancel the petitioner's fair price shop agreement for Gram Panchayat Juda Chhapara, Block and Tehsil Khadda, District Kushi Nagar.

(3.) Chiefly, it has been submitted that there were no complaints against the petitioner. Only motivated complaint was made by the then Gram Pradhan who was not on good terms with the petitioner. At her instigation, suspension order dtd. 30/11/2016 was passed on the allegation of excess stock of wheat, 5 kilograms and excess stock of rice, 35 kilograms. The said allegation is stated to be wholly malafide and set up on false facts. Prior to the suspension order, an allegation was levelled of the petitioner having removed 11 bags full of wheat and having placed them inside the house of one Ram Chandra Gupta (with whom the petitioner was in litigation). However, that allegation was found to be wholly bogus upon the inspection conducted on 15/11/2016. It is at that stage that the allegation of excess stock of 5 kilograms of wheat and 35 kilograms of rice emerged. In any case the petitioner submitted his reply and denied the allegation levelled in the suspension order. Vide its reply dtd. 15/12/2016 he had offered complete reconciliation of the stock position. It may be noted, at that stage there were no allegation of short supply made by the petitioner to any individual, beneficiary/card holder. In fact, there was no complaint made by any beneficiary/card holder, upto that stage.