- (1.) The petitioner, a licensee of fair price shop at Village Panchayat Shiv Charan Deeh, Block Tulsipur, District Balrampur, has preferred this writ petition seeking to question the order dated 29.12.2014 (Annexure no. 1) passed by the Sub-Divisional Officer, Tulsipur, suspending his license and calling upon him to submit written explanation.
(2.) The basic contention of the petitioner against the impugned suspension order is that his license has been suspended on a complaint made by the respondent no. 3 but without affording any opportunity of hearing to him and even without associating him in the process of preliminary inquiry. With reference to a decision of this court in the case of Harpal vs. State of U.P. And another, 2008 3 ADJ 36, it is contended that for want of opportunity of hearing to the petitioner at the time of inquiry or at least before suspending his license, the order impugned offends the Government Order dated 29.07.2004 which clearly mandates compliance of the principles of natural justice before suspending / canceling fair price shop license. An interim order dated 22.12.2014 passed by a coordinate Bench in Misc. Bench No. 12719 of 2014 has also been referred with the submissions that taking note of similar contentions, this Court has stayed the operation of a similar suspension order.
(3.) Learned Standing Counsel appearing for the respondents 1 and 2 has raised an objection that the order impugned being an appealable one, the petitioner ought to have taken recourse to the regular remedy of appeal. It is also submitted that the petitioner has been served with a notice to submit his explanation and while submitting explanation, the petitioner may join the proceedings for appropriate orders in accordance with law.;