SHABBAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Shri Sanjay Ram Tripathi, learned Standing Counsel.

(2.) The petitioner is before this Court assailing the order dated 26.04.2013 passed by third respondent by which his fair price shop license has been cancelled and also the order dated 24.10.2013 passed by second respondent dismissing the appeal in question.

(3.) It appears that on the basis of certain complaint and on the basis of alleged enquiry the license of the petitioner was suspended. Thereafter, an explanation from the petitioner was called and considering the same the order impugned for cancelling the license was passed and the same was approved by the appellate order. It is submitted by learned counsel for the petitioner that before cancellation of the allotment of fair price shop license in favour of the petitioner, he was not extended any opportunity and the entire action taken by the respondents is in teeth of the procedure laid down in the Government Order dated 29th July, 2004 and the U.P. Scheduled Commodities Distribution Order, 2004 (Distribution Order, 2004) and the provisions of the same had not been followed in the present case, therefore, cancellation of allotment of fair price shop license in favour of the petitioner is illegal and against the principle of natural justice. The aforesaid Government Order dated 29th July, 2004 and the Distribution Order, 2004 came up for consideration before the Full Bench of this Court in Puran Singh v. State of U.P. & Ors., 2010 (3) ADJ 659 (FB) in which it is held that in case after suspension of the agreement to run fair price shop the authority decides to hold an enquiry for cancellation of the agreement, then that requires full fledged enquiry. Relevant para 35 of the said judgment is quoted as under:-