V.K.SHUKLA, J. - (1.) PRESENT writ petition has been filed by petitioner questioning the validity of the decision dated 18.6.2007 and 12.7.2007 suspending fair price shop licence of petitioner respectively and the order dated 20.12.2007 passed in appeal confirming the order of suspension.
(2.) PETITIONER has been fair price shop licensee at Village Panchayat Kusi Mircha, Pargana and Tehsil Zamaniya, District Ghazipur. On "Tehsil Divas" com­plaint was made for making inquiry in respect of illegal distribution of scheduled commodities. Thereafter, it appears that Naib Tehsildar, Tehsil Zamaniya made preliminary inquiry into the matter and thereafter Sub Divisional Magistrate passed order on 18.6.2007 proceeding to suspend the fair price shop licence of petitioner and asking petitioner to submit his reply. Petitioner submitted his reply on 21.6.2007 thereafter, licensing authority on 12.7.2007 passed order cancelling fair price shop licence. Aggrieved petitioner preferred an appeal, same has also been rejected. At this juncture present writ petition has been filed. Counter affidavit has been filed and therein it has been stated that on 29.5.2007 at Tehsil Divas the ration card holders namely Nurul Haq Khan and 65 others made a joint complaint with their signature stating therein the illegalities and irregularities done by the petitioner in distribution of essential commodities to the Ration Card holders. After receipt of said complaint, Naib Tehsildar was en­trusted to inquire into the matter and the Naib Tehsildar made inquiry on 13.6.2007 and submitted report. It has been stated that based on the same action has been taken and charge has been found to be proved. In this background it has been stated that no interference is required, copy of the inquiry report has also been appended.
(3.) REJOINDER affidavit has been filed disputing the averment mentioned in the counter affidavit and reiterating that of writ petition.;