Pankaj Naqvi, J. - (1.) HEARD Sri Manoj Kumar Singh, Learned Counsel for the petitioner and learned Standing Counsel for the State -respondents.
(2.) BY means of the present writ petition the petitioner challenges the order dated 4.4.2008 (Annexure -8 to the writ petition) passed by respondent No. 3, whereby fair price licence of the petitioner has been cancelled, and the order dated 26.6.2008 (Annexure -10 to the writ petition) passed by respondent No. 2 wherein his appeal has been dismissed. The petitioner is a fair price dealer. It appears on 22.1.2008 he was issued a show cause notice by the District Supply Officer, Ghazipur wherein it was alleged that on 15.1.2008 on the occasion of Tehsil Diwas certain complaints were received in respect of which an inquiry was conducted by the Regional Supply Inspector, Tehsil Mohammdabad and that on the basis of his report dated 4.2.2008 certain irregularities in respect of distribution of food grains and sugar have been reported in respect of specified BPL card holders i.e. over charging of kerosene; six card holders belonging to the Antodaya scheme are being sold rice at exorbitant price and therefore, in respect of the said allegations, petitioner was called upon to submit his reply along with evidence within a period of 3 days. The petitioner submitted his reply on 19.2.2008 alleging therein that complaints are politically motivated and that inquiry was conducted behind his back and at the same time it was also contended that the distribution of food grains, sugar and kerosene to all the category of card holders is being properly and regularly made and that the said Inquiry Officer neither recorded the statement of the petitioner nor he verified the stock register and that he only recorded the statements of complainants. After considering the reply submitted by the petitioner, the District Supply Officer, Ghazipur suspended the licence of the petitioner vide his order dated 22.2.2008 and also called upon the petitioner to submit his written explanation along with the evidence and at the same time an ad -hoc arrangement was made so that distribution of essential commodities could be carried out uninterruptedly. Subsequently, the District Supply Officer, Ghazipur vide his order dated 4.4.2008 has cancelled the fair price licence of the petitioner on the ground that during the course of inquiry, irregularities have been detected in respect of specified and named BPL card holders and Antodaya card holders and also on the ground of over charging of kerosene.
(3.) AGAINST the said order of cancellation the petitioner preferred an appeal which too has come to be dismissed on 19.4.2008, hence the present petition.;