ARVIND KUMAR PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Kamla Kant Mishra, learned counsel for the petitioner, Mr. Surya Bhan Singh, learned Standing Counsel for the State-respondents, Mr. Rameshwar Prasad Shukla for respondent No. 5 and Mr. Rishi Kant Rai for proposed respondent No. 6-Smt. Garima Pandey.

(2.) Brief facts of the case are that petitioner was granted license to run the fair price shop in Village-Rampur, Block-Rewati, Tehsil-Bairia, District-Ballia. Smt.Gunja Pandey- Gram Pradhan filed a complaint against the petitioner before the District Magistrate in respect of running the fair price shop by the petitioner, accordingly, an inquiry was conducted by District Supply Officer, Rewati, Ballia and vide order dtd. 27/5/2017 the fair price shop license of the petitioner was suspended. In pursuance of suspension order an explanation was called from the petitioner accordingly, reply was submitted by the petitioner on 22/6/2017 along with affidavit of card holders, statements, proof of distribution of essential commodities to the card holders and registration etc. Respondent No. 4/ District Supply Officer, Ballia, vide order dtd. 25/7/2017, cancelled the fair price shop license of the petitioner. Petitioner challenged the cancellation order dtd. 25/7/2017 through writ petition No. 37139 of 2017 before this Court which was disposed of vide order dtd. 19/8/2017 with direction to file an appeal before the appellate authority. In pursuance of the order of this court dtd. 19/8/2017, petitioner filed an appeal before Respondent No. 2/ Divisional Commissioner. Petitioner filed another writ petition No. 62661 of 2017 before this court for mandamus to decide the pending appeal within stipulated period which was disposed of vide order dtd. 22/12/2017 directing the appellate authority to decide the appeal within two months and as an interim measure, it was also directed that if, third party right is created the same shall be subject to the decision of the appeal. Respondent No. 2/Divisional Commissioner vide order dtd. 14/3/2018 allowed the petitioner 's appeal in part and directed the licensing authority to decide the appeal afresh within two months after affording opportunity to the petitioner as well as to maintain status quo. In pursuance of the appellate order dated petitioner filed an application on 5/4/2018 before the District Supply Officer along with affidavit of card holders. On 7/6/2018, a complaint was made by the petitioner before the District Magistrate for an inquiry in the matter. The Gram Pradhan took a statement of card holders and ex-party inquiry was done. Respondent No. 4/ District Supply Officer again cancelled the fair price shop license of the petitioner vide order dtd. 2/6/2018. Petitioner filed an appeal before Commissioner against order dtd. 2/6/2018 which was registered as Appeal No. 01294 of 2018 before Respondent No. 2. Petitioner challenged the order dtd. 2/6/2018 before this court by way of writ petition No. 39089-2018 which was decided vide order dtd. 29/11/2019 with direction to decide the petitioner 's appeal in accordance with law. The aforementioned appeal filed by the petitioner has been dismissed by Respondent No. 2 vide order dtd. 18/2/2019, hence this writ petition for the following relief :

(3.) This court vide order dtd. 28/3/2019 directed the learned Standing Counsel to file counter affidavit and it was also ordered that any allotment or resettlement of the fair price shop in question shall be subject to final outcome of the writ petition. In pursuance of the order dtd. 28/3/2019 affidavits are exchanged between the parties.