ASHOK KUMAR TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) VINEET Saran, J. The petitioner was a fair price shop licence holder. By means of an order dated 2-7-2005 passed by the Sub Divisional Mag istrate, Lalganj, District Pratapgarh his licence was cancelled. The appeal filed by the petitioner against the same has also been dismissed by the Commis sioner, Allahabad Division, Allahabad by his order dated 9-5-2006. Challenging the said orders, this writ petition has been filed.

(2.) I HAVE heard Sri A. K. Tripathi and Sri R. S. Yadav on behalf of the petitioners and learned Standing Counsel on behalf of the respondents. Pleadings have been exchanged. With consent of the learned Counsel for the parties, this writ petition is being disposed of at the admission stage.

(3.) MUCH emphasis has been laid by the learned Counsel for the petitioner on the fact that action had been taken by the District Magistrate on the basis of a complaint lodged by the Chairman of the Zila Panchayat, Pratapgarh with whom " the petitioner states that he is having a dispute and a criminal case is also pend ing. He submitted that the very fact that the District Magistrate himself went to inspect the shop in the village on the complaint of the Chairman, Zila Panchayat shows the malafide and as such, the basis of the impugned orders would be tainted and the report submitted after such inspection would be liable to be set aside. This is a very strange argument. If the District Magistrate acts upon a complaint, objections are raised that why the District Magistrate promptly took action on such complaint. On the other hand, in case if the District Magistrate does not act on a complaint, we came across several writ petitions where prayers are made that the government officials are not looking to the complaint and be directed to do so. What the District Magistrate has done in this case is what he is expected to do. As such, even if it is accepted that there was some dispute between the petitioner and the Chairman of the Zila Panchayat, the same would not make any difference as long as the irregularities found in the working of the fair price shop of the petitioner are correct. As has been held above, there were serious irregularities found in the running of the fair price shop of the petitioner which were also accepted by the petitioner to a large extent in his explanation to the show cause notice.