ANIL KUMAR,J. - (1.) HEARD Sri R. K. S. Suryavanshi, learned counsel for the petitioner and Sri R. K. Srivastava, learned Standing Counsel.
(2.) IN brief facts as submitted by the learned counsel for the petitioner are that by way of an agreement entered between the petitioner and the respondent, a fair price shop was allotted in favour of the petitioner in the village Puremani Mazre, Vikas Khand Banikodar, Tehsil-Ramsanehighat, District Barabanki. On 24.2.2005 an inspection was done by the inspecting team and on the basis of the report submitted by the said inspecting team, the agreement of the petitioner for running the fair price shop was cancelled by order dated 13.5.2005 without providing any opportunity whatsoever to him. The order dated 13.5.2005 passed by the District Supply Inspector, Ramsanehigaht, Barabanki thereby terminating the agreement of the petitioner for running the fair price shop was challenged by an appeal before the Commissioner, Faizabad Division, Faizabad i.e. respondent no.2 which was dismissed by order dated 26.7.2006 hence the present writ petition.
(3.) ON behalf of the petitioner it is further submitted that this Court on 4.10.2007 was pleased to pass the following orders:- "Four weeks' time as prayed by the learned Additional Chief Standing Counsel is allowed to file counter affidavit. List in the next month. In the meantime, the operation of the order impugned dated 13rd May, 2005 passed by the District Supply Officer, Barabanki whereby the petitioner's licence for fair price shop was cancelled as well as the order dated 26.7.2006 passed by the Commissioner, Faizabad Division, Faizabad, whereby the order for cancellation of fair price shop was upheld, shall remain stayed till the next date of listing." ;