RAJENDRA YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The Writ petition is directed against the order dated 24.06.2005 passed by the Commissioner, Azamgarh Division, Azamgarh in Appeal no. 184/A of 2005 filed by the respondent no. 4 to whom licence was granted on 31.032003.

(2.) Brief facts relevant for deciding the controversy are that the licence was granted on 27.06.1993 to the petitioner for running the fair price shop of Gram Panchayat Kanjhari. It was cancelled on the ground that the petitioner had committed irregularities in distribution of Scheduled Commodities on the basis of the report of Sub Divisional Officer, Meh-Nagar, Azamgarh dated 23.2.2003. The petitioner preferred an appeal before the Commissioner on 24.04.2003 which was dismissed. He filed a writ petition No. 26417 of 2004 (Kashi Ram v. State of U.P.) wherein court remanded the matter back with a direction to pass fresh order after issuing notice to the petitioner to submit his reply. After remand, fresh notice was served upon the petitioner and petitioner submitted his reply on 19.03.2005. The Sub divisional officer passed an order dated 30.03.2005 cancelling the licence of the respondent no. 4 and restoring the licence in favour of the petitioner without issuing notice to respondent no.4. The licence of the petitioner was restored.

(3.) The order dated 30.03.2005 passed by the Sub Divisional Officer, Meh, Azamgarh was challenged by the respondent no. 4 in appeal before the Commissioner, Azamgarh and the appeal was allowed by order dated 24.6.2005 setting aside the order dated 30.03.2005 with the observation that shop in question had been restored to the petitioner without making any enquiry from Sub Divisional Officer, Meh, as no finding was recorded in this regard and the matter was remanded back with the direction to make fresh enquiry and pass appropriate order and allotment of shop would be done keeping in view of the reservation policy laid down in the Government Orders. Pursuant to the order dated 26.06.2005, notice was issued to make fresh allotment of the shop in question as per the reservation policy. The Government order dated 17.08.2002 contemplates for reservation of vacant shop and not to cancel the shop allotted earlier to any person already running in the village.