ARUN KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) A. K. Yog, R. K. Rastogi, J. Heard learned Counsel for the petitioner and the learned Standing Counsel representing the respondents.

(2.) THE petitioner seeks to challenge the impugned order dated 15- 11-2006 (Annexure-2 to the writ petition) passed the Sub-Divisional Magistrate, Bansdih, Ballia (respondent No. 2) cancelling fair price shop licence/agreement in favour of the petitioner on the ground that the petitioner is not the resident of Gram Sabha Sarank Block Bansdih District Ballia but he is resident of village Khanpur Dumariya. THE argument of the learned Counsel for the petitioner is that requirement for allotment of fair price shop that the person should be resident of the concerned village for which licence is being granted was introduced by means of Government order No. 2714/29-6-2002-162-Sa/2001 dated 17-8-2002 whereas no such requirement was contemplated in the relevant Government Order No. F-3967/xix-Khadya-6 dated 3-7-1990 on the basis of which the petitioner was granted fair price shop licence/agreement on 15-12-1990 and so this condition introduced by the G. O. of 2002 shall not apply to him and as such the order cancelling his licence on the ground of non-compliance of the requirement of being local resident is illegal.

(3.) THERE is one more aspect of the case. The allotment order dated 15-12-1990 (copy of which is Annexure-1 to the writ petition) shows that the petitioner had indicated himself as resident of village Chhitauni, Patralaya (Post Office) Chhata, Nyay Panchayat Chhitauni, Block Bansdih, District Ballia. On a complaint made against the petitioner an inquiry was held. The petitioner was given opportunity to explain and he had filed his explanation dated 15-9-2006. Copy of the said explanation has not been annexed with this writ petition for our perusal. The concerned Sub-Divisional Magistrate noticed that the petitioner was permanent resident of village Khanpur Dumaria and hence, his licence of fair price shop was cancelled in view of the existing policy of the Government contained in the G. O. dated 17-8- 2002. The concerned authority cannot be said to be armless to check that licence has been obtained by playing fraud or mis-representation. The relevant allotment order dated 15-12-1990 in favour of the petitioner shows that the petitioner had represented himself to be permanent resident of Chhitauni Patralaya Chhata Nyay Panchayat Chhitauni, Block Bansdih District Ballia. The petitioner, however, admits that he is permanent resident of Gram Sabha Khanpur Dumariya. This shows that the petitioner filed the application giving incorrect particulars and possibility of the authorities being misled on their basis in granting licence cannot be ruled out.