VINOD KUMAR GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Santosh Mani Shukla, learned counsel appears for the petitioner and Sri Ajay Kumar Tiwari, learned Standing Counsel appears for the State.

(2.) The petitioner has filed this writ petition seeking issuance of writ of certiorari quashing the order dated 14.11.2014 passed by Deputy Commissioner (Food), Varanasi Division, Varanasi (Respondent no. 2) Quashing of the order dated 4.4.2014 passed by Sub Divisional Magistrate, Kerakat, District Jaunpur (Respondent no. 3) is also sought. Vide order dated 14.11.2014, appeal filed by Vinod Kumar Gupta (the petitioner) against the order of respondent no. 3 attaching the fair price shop of the petitioner and also cancelling the agreement to run such fair price shop at Gram Sabha Murara, Vikas Khand, Muftiganj, Tehsil Kerakat, District Jaunpur has been rejected exercising the provisions of Section 28 of Uttar Pradesh Scheduled Commodities Distribution Order, 2004 (hereinafter referred to as Control Order, 2004).

(3.) The petitioner's contention is that he was running a fair price shop for more than 15 years without any complaint with unblemished record and that is the only source of his livelihood, but arbitrarily an inspection of his shop was made on 21.12.2013 in the absence of petitioner; where 16 bags of wheat were found to be in unauthorized possession of the petitioner. This inspection was made on the complaint of certain ration card holders that the shopkeeper is committing irregularities and manipulation in distribution of essential commodities.