Vineet Saran, J. - (1.) In the year 1980 the petitioner was granted adjacency of a fair Village Udai Sarain, Block Bhitaura, Tahsil and District Fatehpur which he has since then been running. According to the petitioner there has never been any complaint against the functioning of the fair price shop of the petitioner. By order dated 14.2.2001 passed by respondent No. 2, the Sub-Divisional Magistrate, Fatehpur, the licence of the petitioner has been cancelled merely on the ground that in the year 2000 the wife of the petitioner had been elected as Up-Pradhan of the Village and thus as per the provisions of paragraph 4.7 of the Government Order dated 3rd July, 1990 the petitioner cannot hold the fair price shop licence. Challenging the said order the petitioner filed an appeal before respondent No. 1, the Commissioner, Allahabad Division, Allahabad which was also dismissed by a short order dated 10.4.2001 stating that since the order has been passed in accordance with the Government Order, no interference is called for with the order of the licensing authority. Aggrieved by the aforesaid orders dated 14.2.2001 and 10.4.2001 passed by respondents No. 2 and 1 respectively, the petitioner has filed this writ petition.
(2.) I have heard Sri S.S. Mishra, learned counsel appearing for the petitioner as well as learned Standing Counsel appearing for the contesting respondents No. 1 and 2 and Sri V.K. Singh, learned counsel appearing for respondent No. 3. Counter and rejoinder affidavits have been exchanged between the contesting parties and with the consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.
(3.) The submission of the petitioner is two fold. Firstly, that the impugned order cancelling his licence has been passed without issuing any show cause notice or giving an opportunity of hearing to the petitioner, which is in gross violation of the principles of natural justice, and secondly, that the Government Order dated 3rd July, 1990 would not be applicable to the case of the petitioner as it only deals with grant of fresh licence of the fair price shops and not to the existing ones.;