SIDDHARTHA VARMA,J. - (1.) The instant case has been filed against the order of the Sub-Divisional Magistrate (Sadar), Varanasi dated 9.12.2016 and the order dated 15.9.2017 passed by the Deputy Commissioner (Food), Varanasi Mandal, Varanasi.
(2.) The petitioner states that the licence to run the fair price shop in question was wrongly cancelled on the ground that his wife had been elected a Pradhan of Gram Panchayat, Molnapur. He submits that despite the fact that the Sub-divisional Officer had actually found that there was a decree of divorce by which on 15.9.2006 the marriage of the petitioner and his erstwhile wife had been dissolved, yet he had passed the order dated 9.12.2016. He submits that the view taken by the Sub-divisional Officer that the petitioner could not continue as a dealer as per Government Order dated 18.7.2002 as his ex-wife Smt. Sheela Pandey was living with him was palpably erroneous. He submits that even though the Appellate Court had found that there was a decree dissolving the marriage of the petitioner and his wife Smt. Sheela Pandey and had also found that there was no evidence that they were living together, yet it had wrongly remanded the matter back to the Sub-divisional Magistrate to reassess the evidence as was there before him and pass a fresh order.
(3.) Learned counsel for the petitioner submitted that once there was a decree of divorce dated 15.9.2006 in existence by which marriage had been dissolved, the authorities could not go behind the decree and come to any third conclusion. He further submitted that even if the authorities found that the petitioner and his wife were on friendly terms, it could, by no stretch of imagination be concluded that the petitioner was living with Smt. Sheela Pandey as a husband.;