PHOOL CHAND YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed for issuing a writ of certiorari quashing the orders dated 19.1.2005 and 12.1.2006 passed by the Up-Zila Adhikari, Sadar, Azamgarh and Commissioner Azamgah Division Azamgarh (Respondents no. 3 and 2). Vide order dated 19.1.2005, the respondent no. 3 has cancelled the agreement to run the fair price shop of the petitioner and by the subsequent order dated 12.1.2006 the petitioner's appeal against the order of cancellation was dismissed by the respondent no.2.

(2.) THE petitioner happens to be a fair price shop dealer appointed under an agreement executed between the petitioner on the one side and the collector on the other side. THE agreement of the petitioner was suspended on 08.11.2004 on the ground that the petitioner has been distributing the scheduled commodities to the below poverty line card holders (in short B.P.L. card holders) on excessive price.

(3.) THE Sub Divisional Officer Azamgarh thereafter cancelled the agreement of the petitioner on 19.1.2005. From the perusal of the order it transpires that the Sub Divisional Officer did not consider the petitioner's objection to the show cause notice and the affidavits filed by the B.P.L. card holders and has passed the cancellation order on the basis that earlier before task force the petitioner has made signature on the papers containing the proof that he has returned the excess amount charged by him to the B.P.L. card holders.