Devi Prasad Singh, J. - (1.) HEARD learned Counsel for the petitioner and the learned Chief Standing counsel.
(2.) PETITIONER , feeling aggrieved with the cancellation of licence of fair price shop by the Sub Divisional Magistrate, Lakhimpur Kheri affirmed by appellate authority, has approached this Court under Article of the Constitution of India. From the material on record, it appears that the petitioner is fair price shop dealer of village Panchayat Basara. The fair price shop of Bhulanpur was attached with the petitioner's fair price shop. After receipt of complaint, the SDM had suspended the petitioner's fair price shop licence by order dated 26.5.2006. A show cause notice dated 30.5.2006 was served on the petitioner. In response to which petitioner submitted a reply. However, it appears that fair price shop licence has been cancelled on the basis of report submitted by Supply Inspector. Though the statement of villager supported the petitioner's case that the petitioner had not committed irregularity in disbursement of commodities but even then licence has been cancelled. It has been stated by the SDM that earlier also the petitioner's fair price shop licence was suspended by order dated 19.1.2005 and security was confiscated.
(3.) WHILE assailing the impugned order, it has been submitted by learned Counsel for the petitioner is that licence has been cancelled in violation of principle of natural justice. It appears that evidence was recorded by the Supply Inspector behind back of the petitioner and no opportunity was given to cross examine the witnesses whose statement has been relied upon by the SDM. The statement which has been relied upon by the SDM since recorded behind the back of the petitioner without opportunity to cross examine the witnesses, could not have been made a ground for suspension or cancellation of fair price shop licence.;