- (1.) Heard learned counsel for the parties and perused the record.
(2.) By means of present writ petition, the petitioner is challenging the order dated 18th October 2012 passed by respondent no. 2- Sub Divisional Magistrate, Sadar, District Ghazipur by which fair price shop licence has been cancelled on the ground that the petitioner was a resident of village Chochakpur, Block Karanda, Tehsil Sadar, District Ghazipur and was not a resident of village Narayanpur and therefore in view of the Government Order No. 2715 dated 17.08.2002, the petitioner is not entitled to run the fair price shop and the petitioner has shown his father's name as Faujdar Nishad,? while correct name of his father is Sukhdev, which is shown in the Khatauni and in the Parivar register.
(3.) The learned counsel for the petitioner submitted that the petitioner has been granted licence in the year 1993 on the basis of the resolution dated 16th March 1993 on the ground that no one is ready to take the shop of this village and, therefore, it has been decided on the basis of the then Government Order,? dated 3rd July 1990, unanimously to select Sri Radhey Shyam, son of Faujdar Nishad. Since then the petitioner was running the fair price shop. It is is true that on several occasions his licence has been suspended but on the explanation submitted by the petitioner, the licence has been restored by the competent authority.;