GULAB CHANDRA RAM Vs. STATE OF U P

JUDGEMENT

(1.) THE present petition under Article 226 of the Constitution of India has been filed by the petitioner, inter alia, praying for quashing the order dated 25th December, 2008 passed by the District Magistrate, Ballia and the order dated 15th January, 2009 passed by the Sub-Divisional Magistrate, Tehsil Rasra, district Ballia, copies whereof have been filed as Annexures 8 and 9 respectively to the writ petition.

(2.) IT appears that a fair price shop in Gram Panchayat Chilkahar, Block Chilkahar, Tehsil Rasra, district Ballia was allotted to the petitioner on 4th November, 2008. Further, it appears that respondent No. 4 filed a writ petition, being Civil Misc. Writ Petition No. 60798 of 2008, before this Court, inter alia, contending that the allotment of the fair price shop agency in favour of the petitioner was contrary to the provisions of Government Orders dated 10th September, 1999 and dated 17th August, 2002. The said writ petition was disposed of by this Court by order dated 25th November, 2008 with the request to the District Magistrate, Ballia to decide the representation made by respondent No. 4 dated 20th October, 2008 strictly in accordance with law by means of a reasoned speaking order, preferably within a period of four weeks from the date a certified copy of the said order dated 25th November, 2008 was filed before him. Pursuant to the said order dated 25th November, 2008, the District Magistrate, Ballia on the basis of the reports of the Sub Divisional Magistrate, Rasra, district Ballia, dated 10th December, 2008 and 24th December, 2008 passed an order dated 25th December, 2008, inter alia, directing for cancellation of the allotment of the fair price shop agency in favour of the petitioner as the same was against the relevant rules. A copy of the said order dated 25th December, 2008 has been filed as Annexure 8 to the writ petition. Pursuant to the said order dated 25th December, 2008, the Sub Divisional Magistrate, Rasra passed an order dated 15th January, 2009 canceling the allotment of fair price shop agency in favour of the petitioner. A copy of the said order dated 15th January, 2009 has been filed as Annexure 9 to the writ petition. There after the petitioner has filed the present writ petition seeking the reliefs as mentioned above.

(3.) IT is not disputed by the learned Stand Counsel as well as by Sri Sudhir Kumar Shukla, learned counsel appearing for respondent No. 4 that the petitioner was not given any show cause notice before cancellation of allotment of the fair price shop agency in favour of the petitioner nor was he given any opportunity to meet the contents of the reports submitted by the Sub Divisional Magistrate, Rasra, district Ballia, on the basis whereof the District Magistrate, Ballia passed the said order dated 25th December, 2008.