RAM MOORAT TIWARI Vs. STATE OF U.P.THROUGH ITS SECRETARY, MINISTRY OF FOOD AND CIVIL SUPPLY, U.P., LUCKNOW AND OTHERS

JUDGEMENT

(1.) THE fair price shop licence of one Sri Ram Moorat Tiwari was earlier cancelled vide order dated 14.6.2007 The appeal preferred by Sri Ram Moorat Tiwari was dismissed vide order dated 20.7.2007, The aforesaid two orders were subject matter of chal­lenge before this Court in Writ Petition Mo, 34626 of 2007 filed by Sri Ram Moorat Tiwari, This Court vide judgment and order dated 1.7.2009 had been pleased to set aside both the orders dated 14.6 2007 and 20.7.2007 and directed the District Supply Officer, Ghazipur to pass fresh order in accordance with law after giving an opportunity of hearing while maintaining that the licence of Sri Ram Moorat Tiwari shall remain suspended till a decision is taken by the District Supply Officer. Pursuant to the aforesaid direction, the D.S.O. had restored the licence of Sri Ram Moorat Tiwari by finding the security of Rs. 250/- deposited by him. It appears that in the meantime, petitioner was al­lotted a fair price shop licence on the vacancy caused on account of cancellation of fair price shop licence of Sri Ram Moorat Tiwari. The D.S.O. by impugned order had bifurcated the ration cards and unit attached with Sri Ram Moorat Tiwari equally with the petitioner.

(2.) LEARNED Counsel for the petitioner submitted that the licence of Sri Ram Moorat Tiwari could not have been restored as he had committed irregularities earlier and vide order dated 16.9.2009 licence was restored on forfeiture the security of Rs, 250/- deposited by him. It may he mentioned here that Sri Rain Moorat Tiwari has not been impleaded as a party in the aforesaid writ petition. However an impleadment application has been filed.

(3.) WE have heard learned Sri C.M. Rai, learned Counsel for the petitioner in the writ petition No. 57312 of 2009 and Sri Krishna Ji Khare learned Counsel for the petitioner in the writ petition No. 60501 of 2009.