Vineet Saran, J. - (1.) The petitioner was granted a license for running a fair price shop. By an order dated 23.2.2004 passed by the Deputy Collector, Swar, District Rampur, the license on the petitioner was placed under suspension. Thereafter on 1.3.2004, the Deputy Collector cancelled the license of the petitioner on the basis of a resolution passed by the Village Panchayat on 28.2.2004. Aggrieved by the said orders, the petitioner filed an appeal which has also been dismissed on 6.12.2004 by the Assistant Commissioner (Food), Moradabad Division, Moradabad. The petitioner has, thus, filed this writ petition challenging the orders dated 23.2.2004 and 1.3.2004 passed by Respondent No. 3 as well as the order dated 6.12.2004 passed in appeal by Respondent No. 2 and has also prayed for a direction in the nature of mandamus commanding the respondents to instate the supply of quota of essential commodities of fair price shop of the petitioner.
(2.) I have heard Sri Dinesh Pathak, learned Counsel for the petitioner as well as learned Standing Counsel appearing for the State-Respondent Nos. 1 to 3 and Sri N.K. Rastogi, learned Counsel appearing for the contesting Respondent No. 4. Counter and rejoinder affidavits between the contesting parties have been exchanged and with consent of the learned Counsel for the parties, this writ petition is being heard and disposed of at the admission stage.
(3.) The main contention of the petitioner is that the impugned order dated 1.3.2004 has been passed without affording any opportunity of hearing or issuing show cause notice and as such the same would be a nullity in the eyes of law. It has also been submitted that the said order dated 1.3.2004 docs not contain any reason for cancelling the license of the petitioner except that it is based on the resolution of the Gram Panchayat dated 28.2.2004.;