Ritu Raj Awasthi, J. - (1.) Heard learned counsel for the petitioner as well as learned Standing Counsel and perused the records. The writ petition has been filed challenging the impugned orders dated 29.9.2008 as well as 29.3.2012, whereby the fair price shop licence of the petitioner has been cancelled and the appeal preferred thereafter has been dismissed.
(2.) Learned counsel for the petitioner submits that the petitioner was running a fair price shop situated in Village Panchayat Vihara, Block Mawai, Tehsil Rudauli, District Faizabad from last many years. On the basis of a frivolous complaint a preliminary enquiry was conducted by Senior Supply Inspector, Rudauli, District Faizabad, who had submitted the enquiry report dated 28.7.2008. The competent authority i.e. opposite party no.4/Sub Divisional Magistrate, Rudauli, Faizabad relying on the said enquiry report had suspended the fair price shop licence of petitioner vide order dated 30.7.2008. The petitioner was issued a show cause notice calling upon him to submit his explanation about the alleged irregularities committed by him in the distribution of essential commodities to the card holders. The petitioner had submitted his reply on 11.8.2008. Thereafter certain persons had made complaint to the District Magistrate that the Senior Supply Inspector was biased in submitting his enquiry report dated 28.7.2008, on the direction of District Magistrate in order to verify the veracity of such complaint an enquiry was conducted by Naib Tehsildar, Mawai, Faizabad, who had submitted his report on 21.9.2008. It is contended that the opposite party no.4 relying on the said report of Naib Tehsildar dated 21.9.2008 has passed the impugned order of cancellation of fair price shop licence of the petitioner, however, the copy of enquiry report dated 21.9.2008 was not provided to the petitioner and he was not given any opportunity to rebut the same.
(3.) It is submitted that the order impugned, as such, has been passed in gross violation of the principles of natural justice and is not sustainable in the eyes of law. In support of his submissions, learned counsel for the petitioner has relied on the judgment of this Court in the case of Sita Devi v. Commissioner, Lucknow Division and others; 2010 (8) ADJ 700.;