Ram Surat Ram (Maurya), J. - (1.) HEARD Sri Ateequzzaman Siddiqui for the petitioner, Standing Counsel for the State of U.P. and Sri S.K. Verma for the caveator.
(2.) THIS writ petition has been filed against the orders of Sub -Divisional Officer dated 26.07.2014 and the Commissioner dated 06.10.2008 by which the license of the petitioner for running fair price shop of village Rahmatpur, block Rehra Bazar, district Balrampur, has been canceled. It is alleged that the petitioner was granted license to run fair price shop in the year 1991. Since then, he was regularly running the fair price shop. When a fresh election of Gram Panchayat was conducted in the year 2006, then the Pradhan due to political rivalry, passed a resolution dated 18.07.2006, canceling the license of the petitioner. On the basis of the aforesaid resolution Sub -Divisional Officer canceled the license by the order dated 16.09.2006. The petitioner challenged the resolution dated 18.07.2006 and order dated 16.09.2006 in writ petition, (registered as Writ Petition No. 6317 (M/B) of 2006, in which, initially interim order dated 05.10.2006 was passed, by which operation of the order dated 16.09.2006 was stayed. However, the respondent authorities were given liberty to take appropriate action and pass fresh order against the petitioner after affording him due opportunity of hearing. It is stated that after the interim order of this Court, a fresh complaint has been filed against the petitioner, on which the Supply Inspector again conducted an inquiry and on the basis of the report of Supply Inspector, the Sub -Divisional Officer suspended the license of the petitioner and issued a show cause notice, of the charges leveled against the petitioner. The petitioner has submitted his reply to the show cause notice. Thereafter, without holding any inquiry and without supplying the report of the Inquiry Officer, the Sub -Divisional Officer passed an fresh order on 11.10.2007 canceling the license of the petitioner. The petitioner filed an appeal against the aforesaid order before the Commissioner, which was dismissed by the order dated 06.10.2008.
(3.) THE aforementioned writ petition filed by the petitioner remained pending before this Court. Ultimately, the writ petition came up for hearing before this Court and this Court by order dated 08.05.2014 quashed the order of Sub -Divisional Officer dated 16.09.2006. After the order dated 08.05.2014, the petitioner filed an application before Sub -Divisional Officer for restoring the license of the petitioner. However, the SDO by the impugned order dated 26.07.2014 held that the license of the petitioner has already been canceled in a fresh inquiry by the order dated 11.10.2007 and the appeal filed by the petitioner was also dismissed by Additional Commissioner on 06.10.2008. These orders have not been challenged as such, it is not possible to restore the license of the petitioner. Hence, this writ petition has been filed.;