Pankaj Naqvi, J. - (1.) HEARD Sri M.K. Kushwaha, Learned Counsel for the petitioner and Sri J.N. Mishra, learned Standing Counsel for the State respondents.
(2.) THE petitioner, a fair price shop dealer, has challenged the orders dated 23.8.2007 cancelling the licence of the petitioner and 28.7.2009 whereby appeal preferred by him has been dismissed. Initially the licence of the petitioner was suspended on 23.6.207 primarily on the ground that the petitioner is a habitual offender in as much as, on an earlier occasion when certain irregularities were detected against the functioning of the petitioner as a dealer, he was let off by deducting Rs. 250/ - from the security money deposited by him and a warning, and that even after partial forfeiture of security amount and warning, there has been no improvement in the services of the petitioner and that it has been found that petitioner is over charging. Although the order of suspension recites that one Smt. Premwati had made a complaint with regard to non distribution of sugar to her but from the record it transpires that sugar had been lifted by her and accordingly petitioner was called upon to submit his reply. In response to the aforesaid, the petitioner submitted his reply on 9.7.2007 wherein it was stated that all essential items are being regularly distributed and that he had also appended the relevant extracts of the disbursement register and also the certificate of the Pradhan concerned, in the said behalf.
(3.) THE Licensing Authority vide its order dated 23.8.2007 has cancelled the licence of the petitioner on the basis of the complaints of those persons whose names had neither been disclosed in the order of suspension nor in any other document issued by the State authorities. Aggrieved against the said cancellation, the petitioner preferred an appeal which too has been dismissed by the order impugned.;