- (1.) By way of this writ petition, the petitioner, who was granted license for the fair price shop at Village Dhanuti Kala, Post Dhanauti Kurd, Block Rampur Karkhana, Tehsil and District Deoria, has challenged the order dated 13.06.2014 as passed by the Sub-Divisional Officer, Sadar, Deoria cancelling his license on the alleged ground of production of a fake and fabricated marksheet. Put in brief, the relevant background aspects of the matter are that the shop in question having fallen vacant, due proceedings were adopted for selection of a new dealer; and ultimately, the petitioner, one of the applicants, was selected by the Gram Sabha in its meeting dated 28.12.2013.
(2.) It is the case of the petitioner that there being the persons dissatisfied with his selection, various complaints were made that he was not belonging to reserved category or that he was involved in criminal cases, but all such complaints were found to be baseless after due enquiry and ultimately, the license was approved by the Sub-Divisional Officer and allotment order was issued in his favour on 13.01.2014. The petitioner would further submit that upon receiving the order dated 13.01.2014, it was noticed by him that an alleged marksheet of his having passed class 8th examination in the year 1999 was referred therein, although he had never produced any such marksheet and therefore, he made a submission before the Sub-Divisional Officer on 15.01.2014 that he had never studied beyond class 5th and even could not appear in class 5th examination due to adverse circumstances; and in the order dated 13.01.2014, some other person's marksheet might have been referred.
(3.) According to the petitioner, he had also indicated the attempts of other persons to play mischief, including the grandson of the previous licensee, whose license was cancelled for irregularities. The petitioner would assert that his representation dated 15.01.2014 was received in the office of the Sub-Divisional Officer by the Head Clerk. This assertion of the petitioner has neither been specifically admitted nor specifically denied by the respondents in the counter affidavit. It is suggested in the counter that such an application had been filed in Peshbandi since there was no notice issued to the petitioner at that time; and that the letter did not bear mark of receipt in the office of the answering respondents.;