SANJAY MISRA,J. - (1.) HEARD Sri B.D. Pandey learned counsel for the petitioner.
(2.) THE petitioner claims to be a fair price shop dealer of village Lohepar, Siswa Bazar, Tehsil Nichlaul, District Maharajganj and is aggrieved by the order dated 30.11.2006 (annexure 2) passed by the respondent no. 3 Sub Divisional Magistrate, Maharajganj whereby his fair price shop has been cancelled as also the appellate order dated 1.12.2007 (annexure1) passed by the Additional Commissioner, Food and Supply, Gorakhpur Mandal, Gorakhpur whereby his appeal has been dismissed. Learned counsel for the petitioner has submitted that the petitioner is a fair price shop dealer and he has been falsely implicated by making allegations that he had indulged in black marketing of foodgrains more particularly 55 bags of sugar. He submits that against the order of suspension dated 4.6.2005 the petitioner had given his reply specifically to the charges and when they were not considered the appellate court has set aside the earlier order passed by the Sub Divisional Officer and remanded the matter back for reconsideration by taking into account the explanation given by the petitioner. He submits that the impugned order has only reaffirmed the earlier order of cancellation and hence the reply has not been considered and therefore the order of cancellation as also the appellate order require to be set aside.
(3.) IN so far as the submission of the petitioner that his reply to the show cause notice has not been considered is concerned the show cause notice had made as many as six imputations against the petitioner of black marketing of sugar, wheat and rice. In the reply submitted by the petitioner he has neither given any explanation to the 55 bags of sugar seized from his possession on a raid conducted on 31.5.2005 nor he has produced any documents to disprove the charge of black marketing. The petitioner does not deny that in the raid dated 31.5.2005 fifty five bags of sugar were seized from him and F.I.R. was lodged under various sections of the IPC and Essential Commodities Act. He was taken into custody and was subsequently granted bail. Consequently the factum of seizer of 55 bags of sugar from his possession on 31.5.2005 has not been denied.;