- (1.) ASHOK Bhushan, J. Heard counsel for the petitioner and learned standing counsel.
(2.) COUNTER and rejoinder affidavits have been exchanged and with the consent of the parties, the writ petition is being finally disposed of. By this writ petition, the petitioner has prayed for quashing of the order dated 15th April, 1998 passed by Sub Divisional Officer and the orders dated 19th August, 1994 as well as 4th May, 1998. The petitioner was fair price shop dealer for Kayatha, district Firozabad. By order dated 19th August, 1994, the Sub Divisional Officer cancelled his agreement against which order an appeal was filed by the petitioner which appeal has been rejected by the Commissioner. The counsel for the petitioner challenging the said orders has filed this writ petition.
(3.) THE main contention of counsel for the petitioner is that Sub Divisional Officer cancelled his agreement without affording any kind of opportunity to the petitioner. THE counsel for the petitioner has submitted that this contention was also accepted by the Commissioner but Commissioner inspite of accepting this submission erred in dismissing the appeal. THE counsel for the petitioner has placed reliance on judgments of this Court in 1996 AWC 61; Mukhtar Ali v. State of U. P. and Others as well as 1996 AWC 152 Sita v. State of U. P. and Others. Learned standing counsel, Sri Taha Bin Islam, opposing the submissions of the counsel for the petitioner, contended that an enquiry was conducted before cancellation of the licence, hence petitioner cannot contend that there was violation of principles of natural justice. Learned standing counsel has referred to the enquiry report copy of which has been annexed as Annexure-4 to the writ petition, submitted by Supply Inspector dated 18th August, 1994. Learned standing counsel submitted that on the spot inquiry was held on which date petitioner was also present and the Supply Inspector found several illegalities with regard to distribution which has rightly been relied by the Sub Divisional Officer while cancelling the agreement.;