JAWAHAR PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) -Heard counsel for the parties and perused the record.

(2.) THE petitioner has prayed for a writ of certiorari quashing the impugned orders dated 16.12.2003 and 19.7.2004, passed by the Up-Ziladhikari, Sadar, Maharajganj and the Commissioner (Food and Supplies), Gorakhpur Division, Gorakhpur, respectively besides a writ of mandamus commanding the respondents to allow the petitioner to run his fair price shop.

(3.) THE Up-Ziladhikari vide order dated 29.11.2002, found that the affidavits filed by the cardholders/ consumers and the Gram Pradhan were contradictory. He therefore got an enquiry conducted through the Naib-Tehsildar and the District Supply Officer in an open meeting in the village. THE aforesaid officers submitted their enquiry report on 23.11.2002 in which it was found that the distribution of essential commodities by the petitioner from his fair price shop was satisfactory but he was charging excess price than the rates fixed by the Government. It was also found that the Gram Pradhan who is also pattidar was making complaints due to enmity. After considering the documents on record as well as the report of the Gram Panchayat Vikas Adhikari, the Up-Ziladhikari, Sadar, Maharajganj held that the allotment of the shop prior to suspension of the shop of the petitioner was arbitrary and against the procedure prescribed under the public distribution system. A finding of fact was also given by him that the card holders/consumers attached to the fair price shop of the petitioner were agitated by the petitioner's conduct of charging excess price and in so far as B.P.L. food-grains is concerned the same had been transferred to another shop, hence the security of Rs. 250 deposited by the petitioner was forfeited and he was given an opportunity in public interest with the condition that in future he will not charge higher price for the essential commodities. THE said order dated 29.11.2002 is as under : ...[VERNACULAR TEXT OMMITED]...