- (1.) Heard Shri Sanjay Singh for the petitioner and the learned Standing Counsel for the State-respondents. By means of this writ petition the petitioner has challenged the order of the S.D.M. dated 27.4.2011 by which the license of the fair price shop of the petitioner was cancelled, against which the petitioner filed an appeal before the Additional Commissioner (Administration), Moradabad which appeal has also been dismissed by order dated 17.7.2012.
(2.) The petitioner was granted license to run fair price shop in 2010. The Gram Pradhan and other card holders of the region lodged a complaint against the petitioner reporting various irregularities. The petitioner's license was suspended by order dated 12.1.2011. It appears that prior to the suspension order, upon allegations levelled by the Gram Pradhan and other card holders, a preliminary inquiry was conducted upon which certain allegations found to be correct and, therefore, while suspending the license of the petitioner he was given a show-cause notice to explain as to why his license be not cancelled. The petitioner submitted his reply on 18.1.2011. The main reply of the petitioner is with regard to political rivalry against the petitioner by various persons mentioned in the order of the suspension of license. The reply was considered and thereafter the allegation of various card holders were heard, the names of whom are given in the order impugned and it was found that the petitioner committed irregularity in distribution of food grains. It was also found that the essential requirement of display of stock rate sign board was not found; the number of A.P.L., Antyodaya and B.P.L. card holders and necessary information regarding them was also not displayed. The list of Antyodaya and B.P.L. card holders was not painted which was the requirement. No answer to the aforesaid essential requirements was furnished by the petitioner. There was also another allegation that the fair price shop was found closed on many occasions without any prior permission. These were certain allegations that were found to be proved. Necessary requirements are essential according to the Government Order. That apart regarding distribution to various card holders statements were recorded and most of them alleged irregularity either in paying higher price for kerosene oil distribution or endorsing in the ration card the amount distributed whereas the same was not distributed to the card holder. On the earlier occasions also the petitioner was caught transporting the essential commodities and considering all these materials, after giving full opportunity to the petitioner and considering his reply parawise, it was thought proper to cancel the license of the petitioner on the material available and the license of the petitioner was cancelled by order dated 27.4.2011 against which the petitioner preferred an appeal and the appeal has also been dismissed on 17.7.2012.
(3.) I have gone through the reply submitted by the petitioner and the allegations levelled against him. Except for alleging political rivalry no clear answer has been given to the allegation and mere denial has been made without furnishing any proof with regard to his explanations. That apart the essential requirement of display of board etc. outside of the shop and closer of the shop without permission, no reply has been given. The essential requirement of display of rate list and number of A.P.L., Antyodaya and B.P.L. card holders having not been displayed in accordance with law, which itself is good enough ground to cancel the license of the petitioner. The petitioner is merely an agent of the State for distribution of the essential commodities to the poor persons. The distribution has to be fair and above of the board which the petitioner has not been able to establish. On the contrary after due inquiry the petitioner was found wanting in fair and proper in distribution. The procedure adopted by the authority is just and proper, as such, no interference is called for in the order impugned. The writ petition has no merit and it is, accordingly, dismissed.;