DHODE KHAN Vs. COMMISSIONER, GONDA & ORS

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing counsel.

(2.) BY means of the instant writ petition, the petitioner is seeking a writ of certiorari for quashing the impugned orders dated 08.10.2002 passed by Up -Zila Adhikari, Nanpara, District Bahraich, thereby cancelling the agreement/license of fair price shop of the petitioner as well as the impugned order dated 20.09.2003 passed by the Commission, Devi Patan Mandal, District Gonda, thereby dismissing the appeal preferred by the petitioner against the order dated 08.10.2002 cancelling the agreement/license of fair price of the petitioner. The petitioner further seeks a writ of mandamus commanding the opposite parties to permit him to continue his fair price shop in village Govindapur, Block nawabganj, Nanpara, District Bahraich.

(3.) SUBMISSION of the learned counsel for the petitioner is that the petitioner was license holder of a fair price shop, situate at village Govindapur, Block Nawabganj, Nanpar, District Bahraich. It is submitted that the then Gram Pradhan was a greedy lady. She insisted the petitioner to sell food material and demanded 50% undue advantage from the petitioner's fair price shop. On refusal by the petitioner, the then Gram Pradhan made a false complaint against the petitioner, on the basis of which the Up -Zila Adhikari directed the Naib Tehsildar to conduct an inquiry into the matter. The Naib Tehsildar, after assigning him the job to conduct the inquiry into the matter, has personally visited the village in question and after recording the statement of Antodya card -holders/beneficiaries, submitted a report for initiation of action against the petitioner. The petitioner further alleged that the Naib Tehsildar, without intimation to the petitioner submitted an ex -parte inquiry report under the pressure and influence of the then Gram Pradhan, in pursuance of which, the Up -Zila Adhikari, Gonda, by means of the impugned order dated 08.10.2002 cancelled the agreement/license of the petitioner's fair price shop.