NIYAMAT JAHAN Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, a fair price shop licensee, has approached this Court under Article 226 of the Constitution of India against the impugned orders of cancellation of licence of fair price shop with the allegation that action is politically motivated and violative of principles of natural justice. Brief facts giving rise to the writ petition, are as under :

(2.) THE petitioner possessed a licence to run a fair price shop in village Afjalpur district Moradabad. By an order dated 24.10.2007, the licence of fair price shop of the petitioner, was suspended and later on, cancelled on 13.9.2007. An appeal was preferred and the learned Commissioner, Moradabad had stayed the order dated 25.10.2007 as well as the order dated 13.9.2007 and later on, allowed the appeal by judgment and order dated 27.12.2007. THE appellate authority while allowing the revision contained in Annexure-1 observed that the order of cancellation of licence was passed without considering the reply submitted by the petitioner. THE allegation with regard to non-supply of foodgrains and kerosene oil to the card holders, were found to be incorrect by the appellate authority. No reason was given by the Deputy Collector while cancelling the fair price shop licence of the petitioner while disbelieving reply.

(3.) WHILE preferring the writ petition in para 7 of the writ petition it has been categorically pleaded by the petitioner that the petitioner's fair price shop licence has been cancelled because, the opposite party No. 4 who is the Minister in the Cabinet of the State Government wanted that the licence of the fair price shop be given to his daughter Smt. Shahin who has been arrayed as respondent No. 5 in the present writ petition. Admittedly, after cancellation of the licence, it has been allotted to the respondent No. 5. The relationship has not been denied while filing counter-affidavit by the respondents.