NISHARAHMAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Amarjit Singh learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

(2.) Counter and rejoinder affidavits have been exchanged. With the consent of learned counsel for the parties this writ petition is being finally disposed of at this stage.

(3.) The petitioner was granted a licence for running a fair price shop in Village Gokalpur, Block Puwaraka District Saharanpur. The aforesaid licence was cancelled by the respondent No. 3 by order dated 7.7.2007 (Annexure No. 2 to this writ petition) inter alia on the grounds that there were complaints of irregularities in the distribution of scheduled commodities and black marketing against the petitioner and upon his son being elected as Pradhan of the Gram Sabha in which the petitioner's fair price shop exists he had became disqualified to run his fair price shop in view of the restriction imposed in the Government Order dated 18.7.2002. The petitioner challenged the order dated 7.7.2007 by preferring an appeal under paragraph No. 28 of the U.P. Essential Commodities Distribution Order 2004 before the respondent No. 2 which was registered as appeal No. 67 of 2006-07, inter alia on the grounds that the licensing authority erred in cancelling the petitioner's fair price shop agreement merely on the basis of complaints of irregularities in the distribution of essential commodities against the petitioner without recording any finding that the allegations made against the petitioner stood proved on the basis of any evidence on record; that the licensing authority did not consider the explanation submitted by him in reply to the charge-sheet in accordance with law; that the petitioner's fair price shop agreement was not liable to be cancelled by invoking the government order dated 18.7.2002 which is prospective in nature as the disqualification stipulated therein could not have been applied retrospectively for cancelling the petitioner's fair price shop licence on the ground of his son having been elected as Pradhan and also for the reason that he had disowned his son in the year 2000