Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THE petitioner has prayed for a writ of certiorari quashing the impugned orders dated 16.12.2003 and 19.7.2004, passed by the Up-Ziladhikari, Sadar, Maharajganj and the Commissioner (Food and Supplies), Gorakhpur Division, Gorakhpur, respectively besides a writ of mandamus commanding the respondents to allow the petitioner to run his fair price shop. The petitioner was allotted a fair price shop in village Gohana, Post Mansoolganj, Tehsil Sadar, district Maharajganj on 27.9.1991. On a complaint made by the Gram Pradhan with regard to irregularities in the distribution of essential commodities the Gram Panchayat Vikas Adhikari recommended suspension of the fair price shop of the petitioner on the said complaint from the Gram Pradhan. Even before suspension of the fair price shop of the petitioner a resolution for allotment of the fair price shop in favour of one Sri Ram Manohar was passed. The licence of the petitioner to run the fair price shop was cancelled by the Up-Ziladhikari, Sadar, Maharajganj vide order dated 4.10.2002. The petitioner was directed to furnish his explanation within a week. It was claimed by the petitioner that the Gram Pradhan was his pattidar and there was an election rivalry between them, as such the complaint was made by him to put pressure upon him to make him in disadvantageous position and get the shop allotted in favour of Ram Manohar.
(3.) THE Up-Ziladhikari vide order dated 29.11.2002, found that the affidavits filed by the cardholders/ consumers and the Gram Pradhan were contradictory. He therefore got an enquiry conducted through the Naib-Tehsildar and the District Supply Officer in an open meeting in the village. THE aforesaid officers submitted their enquiry report on 23.11.2002 in which it was found that the distribution of essential commodities by the petitioner from his fair price shop was satisfactory but he was charging excess price than the rates fixed by the Government. It was also found that the Gram Pradhan who is also pattidar was making complaints due to enmity. After considering the documents on record as well as the report of the Gram Panchayat Vikas Adhikari, the Up-Ziladhikari, Sadar, Maharajganj held that the allotment of the shop prior to suspension of the shop of the petitioner was arbitrary and against the procedure prescribed under the public distribution system. A finding of fact was also given by him that the card holders/consumers attached to the fair price shop of the petitioner were agitated by the petitioner's conduct of charging excess price and in so far as B.P.L. food-grains is concerned the same had been transferred to another shop, hence the security of Rs. 250 deposited by the petitioner was forfeited and he was given an opportunity in public interest with the condition that in future he will not charge higher price for the essential commodities. THE said order dated 29.11.2002 is as under : ...[VERNACULAR TEXT OMMITED]... The petitioner submitted his explanation dated 9.10.2002 to respondent No. 3, Up-Ziladhikari, who vide order dated 29.11.2002 came to know that the complaints were made against the petitioner, inter alia, by the Gram Pradhan due to inter-rivalry between them.;