RAMESH KUMAR Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel and perused the record.

(2.) Instant writ petition under Art. 226 of Constitution of India has been filed with the assertion that the petitioner was having a quota license and was running fair price shop since long in Village - Kathela, Talab, H/O Bataura Lohangi, Block - Haldharmau, Tehsil - Colonelganj, District - Gonda. Some complainants moved an application against the distribution of the petitioner, on the basis of which, a preliminary inquiry was conducted by the Regional Food Officer and the report was submitted before the Sub-Divisional Magistrate, Colonelganj, District-Gonda Opposite Party No.2, who had suspended the licence of the shop of the petitioner with immediate effect by order dated 20th July, 2014 and the petitioner was directed to submit his explanation regarding irregularities found in the said order (Annexure-3 to the writ petition). In respect of the said order, he submitted his explanation dated 06.08.2014, but Opposite Party No.1 had not found his explanation satisfactory and license of his was cancelled vide its order dated 17th March, 2015. Against the said cancellation order, an appeal being Appeal No.214 was filed before the Deputy Commissioner (Food), Devipatan Mandal, Gonda, which was also dismissed by the Appellate Authority.

(3.) It is stated by learned counsel for the petitioner that the licence of fair price shop of the petitioner was cancelled but neither any separate show cause notice was given to him nor any inquiry was conducted and opportunity of hearing was also not granted as enumerated in Government Order dated 29th July, 2004, which is utter violation of principle of natural justice and the order impugned has been passed.