Dilip Gupta, J. - (1.) This petition seeks the quashing of the order dated 22nd July, 2009 passed by the Sub-Divisional Magistrate, Chunar, District Mirzapur by which the fair price shop license of the petitioner was cancelled. The petitioner has also sought the quashing of the order dated 18th November, 2009 passed by the Commissioner by which the appeal filed by the petitioner for setting aside the aforesaid order was dismissed.
(2.) The order passed by the Sub-Divisional Magistrate mentions that certain card holders filed a complaint dated 19th December,2008 before the Sub-Divisional Magistrate against the petitioner who was operating the fair price shop and on the said complaint, the Supply Inspector was asked to make an enquiry and on the basis of the enquiry report dated 29th December, 2008 submitted by the Supply Inspector, the fair price shop license of the petitioner was suspended and he was required to show cause as to why it may not be cancelled. The petitioner submitted a reply dated 4th February, 2009 whereafter the Sub-Divisional Magistrate required the Supply Inspector to make an enquiry. The Supply Inspector submitted a report dated 21st March, 2009 but another enquiry was directed to be conducted by the Supply Inspector with the Naib Tehsildar who submitted their report dated 4th July, 2009 after examining certain witnesses. The impugned order for cancellation of the firearm license of the petitioner is based on the statement given by such persons and the report dated 4th July, 2009.
(3.) It is submitted by Sri Ajay Shankar, learned counsel for the petitioner that neither the report dated 4th July, 2009 was made available to the petitioner so that he could file objection and nor any opportunity was given to the petitioner to cross examine the witnesses.;