BALI RAM Vs. COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel for the respondents.

(2.) Petitioner's licence/agreement/dealership to run fair price shop in village panchyat Naudhia development block Sahabganj, District Chandauli was cancelled through order dated 19.1.2006 (or 15.1.2006) passed by Deputy Collector Chakia, district Chandauli. Against the said order petitioner filed appeal no.8 of 2006. Petitioner had also filed appeal no.7 of 2005 against suspension order. When appeals were taken up for hearing no one appeared on behalf of petitioner, however, Commissioner, Varanasi dismissed both the appeals on merit after perusing the impugned order of the Deputy Collector and hearing learned government counsel through order dated 30.5.2006, hence this writ petition.

(3.) Even though appellate court was not at all justified in dismissing the appeal on merit in the absence of appellant's counsel as in such situation appeal can be dismissed only in default, however, the order dated 19.1.2006 passed by the Deputy Collector cancelling petitioner's licence has also been challenged through this writ petition I propose to consider this writ petition on facts also.