LAL CHAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Standing Counsel for the respondents.

(2.) This writ petition has been filed for quashing the orders dated 18.7.2007 and 24.3.2007, Annexures 7 and 5 respectively to the writ petition passed by respondents No. 3 and 2 respectively.

(3.) It appears that against the petitioner, who was a fair price shop licence holder, on a complaint made by a person, the Supply Inspector made an inquiry and submitted a report. The Licensing Authority after due satisfaction of the report submitted by the Supply Inspector, issued a show cause notice to the petitioner by order dated 27.5.2006 levelling certain charges that the petitioner is not distributing the goods to the various card holders and the Kerosene Oil is being given on payment of Rs. 12/- per litre. The petitioner was asked to submit a reply. The petitioner submitted the reply and denied the charges. The competent authority on the basis of relevant record and on the basis of the reply submitted by the petitioner was satisfied that the petitioner has not distributed the goods according to the terms and conditions of the license, as such was pleased to cancel the license of the petitioner. The petitioner aggrieved by the aforesaid order has filed an appeal. The Appellate Authority i.e. Commissioner has also dismissed the appeal vide it's order dated 18.7.2006, holding therein that after submission of the reply and documents, the competent authority again directed the Supply Inspector to verify the facts on the basis of the reply and documents and then on that basis, it was proved that the petitioner has committed irregularities in distributing the goods, therefore, the appeal filed by the petitioner is liable to be dismissed. Aggrieved by the aforesaid orders, the petitioner has filed the present writ petition.