ANANT KUMAR,J. - (1.) The present petition has been filed with the following prayers: i) A writ order or direction in the nature of CERTIORARI thereby quashing the order dated 09.06.2014 passed by the Additional Commissioner (Administration) Devi Patan Mandal Gonda in appeal No.304/67 (Arif Khan v. State of U.P. and others) , and also quash the order dated 3.7.2012 passed by the opp. Party no.3 contained as ANNEXURE NO.1 and 2 to this writ petition. ii) A writ, order or direction in the nature of MANDAMUS be issued commanding the opposite parties to permit the petitioner to run the fair price shop of village panchayat Karaniya, Vikas Khand Risiya, Tahsil Nanparam, District Bahraich during pendency of the writ petition. iii) Any other order or direction in which this Hon'ble court may deem fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner. iv) Allow the writ petition with cost in favour of the petitioner.
(2.) Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.
(3.) Petitioner was a fair price shop's licence holder in Gram Panchayat Karniya, Vikas Khand Risiya, Tahsil Nanpara, District Bahraich. An inspection of his fair price shop was made by a Supply Clerk, Nanpara, Bahraich and certain irregularities were found. On the basis of said irregularities, the fair price shop of the petitioner was suspended vide order of Sub-Divisional Magistrate concerned dated 24.05.2012 and an opportunity of submitting his reply was given to the petitioner.Petitioner had submitted his reply dated 19.06.2012 and after considering his reply, his licence of fair price shop was cancelled vide order dated 03.07.2017. Aggrieved by the said order, petitioner had filed a statutory appeal before the Additional Commissioner (Administration) Devi Patan Mandal, Gonda under Section 28(3) of Uttar Pradesh Essential Commodities Distribution Order, 2004, which was dismissed vide order dated 09.06.2014, hence this petition.;