V.K.SHUKLA, J. - (1.) PETITIONER , who is fair price shop licensee of Village Begumpur Harel, P.O. Swaidpuri Mahichand, Block Kotwali, Tehsil Nageena, District Bijnor has approached this Court questioning the validity of the order dated 12.12.2007 passed by the Licensing Authority cancelling fair price shop licence of the petitioner and order dated 31.12.2007 passed by the Commissioner, Moradabad Division, Moradabad affirming the aforementioned order in appeal.
(2.) BRIEF background of the case is that petitioner claims that he is licensee of fair price shop since last 16 years and further claims that he has been distributing the essential commodities to the card-holder honestly. Complaint was made in respect of functioning of petitioner at "Tehsil Divas". On the said complaint being made, Block Development Officer was asked to submit report, and report was submitted on 7.12.2007 mentioning therein that he has not lifted the quota in the month of December, 2007 and various card-holders have been shown to have received essential commodities in the month of December, 2007, for the said purpose more than 50 cards were appended. On the said report submitted, rec­ommendation was made for suspending the licence of the petitioner also. Order was passed on 11.12.2007 placing the petitioner's fair price shop licence under suspension and simultaneously show-cause notice was issued to the petitioner on. After receiving said show-cause notice, petitioner submitted reply on 24-12-2007 taking plea therein that he is victim of village politics and he has been distributing essential commodities in accordance with law, and further each and every charges mentioned in the notice was refuted by him. Thereafter, it appears that licensing authority proceeded to pass order on 31.12.2007 by mentioning that petitioner had not given any satisfactory reply and has not produced any evidence and as such charges are proved. Further licensing authority proceeded to mention that petitioner has also tampered the record and tried to mislead. After the said order has been passed, petitioner preferred appeal and same has also been dis­missed on 10.3.2008. At this juncture present writ petition has been filed. Counter-affidavit has been filed on behalf of the State-respondents justify­ing the action taken therein to which rejoinder affidavit has-been filed.
(3.) IMPLEADMENT application has been filed by Sri Mahipal Singh supported by counter-affidavit.;