RAN VIJAI SINGH, J. - (1.) Heard Sri Uadi Chandari, along with Sri Pawan Shukla, learned counsel for the petitioner, learned Standing Counsel appearing for the State -respondents and Sri Sanjai Kumar Pandey, learned counsel for respondent no. 8.
(2.) Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 22.4.2016 as well as order dated 31.3.2016 passed by the District Supply Officer, Siddharth Nagar in Appeal No. C2016170000143 (Amit Kumar Vs. District Supply Officer).? Vide order dated 31.3.2016, the agreement of the petitioner to run fair price shop was suspended; whereas vide order dated 22.4.2016, the petitioner's agreement to run fair price shop has been cancelled.? The petitioner has further prayed to issue a writ of certiorari quashing the order dated 13.6.2016 passed by the District Supply Officer, Siddharth Nagar by which, fair price shop agent has been ordered to be appointed.? Further prayer has been made for issuing a writ of mandamus directing the respondent no. 2 to decide the stay application of the petitioner pending in appeal.? Prayer has also been made for issuing a writ of mandamus directing the authorities not to create any third party right over the fair price shop on the basis of the order dated 13.06.2016 passed by the District Supply Officer.
(3.) The facts of the case, in brief, are that the petitioner herein was appointed as fair price shop agent of Gram Panchayat Belwa Lalaghunai, Vikash Khand Khesaraha, Tehsil Bansi, District Siddharth Nagar.? While working as such, the petitioner's agreement to run fair price shop was suspended by the District Supply Officer on 31.3.2016 on the basis of the inquiry made on 30.3.2016 pursuant to the complaint received on 28.3.2016.? The petitioner herein was required to file his reply to the prima facie charges levelled against the petitioner.? The petitioner herein filed his reply, but without considering the same the District Supply Officer has cancelled the agreement of the petitioner to run fair price shop vide order dated 22.4.2016.? It is stated that all the card holders, who have allegedly given their statements before the District Supply Officer, have later on, filed their affidavits before him that they have not given any statement.? It is also stated that everything has been done on the instance of Hon'ble State Minister for Food and Civil Supply on the complaint of one Sri Om Prakash.? The letters/orders passed by the Hon'ble Minister have been brought on record of the writ petition. It is also stated that after cancellation of the agreement, the petitioner herein has filed appeal before the Divisional Commissioner. During the pendency of the appeal, an application was moved by Sri Moti Lal and others for appointing one Sri Sohel Ahmad as fair price shop agent of village in question for the reason that after cancellation of the agreement of the petitioner to run fair price shop, the shop has fallen vacant. The;