Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioner challenging the order dated 13.01.2016 passed by the SDM, Sadar, Azamgarh cancelling the Fair Price Shop licence of the petitioner and the order passed by the Divisional Commissioner dated 17.05.2006 by which the appeal has been rejected.
(2.) I have heard learned counsel for the petitioner. The learned counsel for the petitioner has submitted that from a bare perusal of the orders impugned it is evident that the principles of natural justice were not followed and petitioner was not associated with the inquiry conducted by the Supply Inspector on the alleged complaints being made by the Deputy Pradhan/Up Pradhan, Gram Panchayat Cheotahi. A conclusion has been arrived at by the Licensing Authority only on the basis of the report submitted by the Supply Inspector that the petitioner was overcharging from the villagers with regard to distribution of food grains instead of giving ten kilograms of wheat and 25 kilograms of rice for Rs.90/-, i.e. the prescribed rate, the petitioner was supplying 10 kilograms of wheat and 15 kilograms of rice for Rs.90/-. He was also found allegedly overcharging and taking Rs. 12/- per litre of kerosene oil which was more than the prescribed rate.
(3.) It is the case of the petitioner that the Supply Inspector's report was never given to the petitioner to submit his explanation. It is also his case that only some of the villagers were forced to complain against the petitioner at the insistence of the Deputy Pradhan/Up Pradhan, whereas the Pradhan of the village concerned has given his affidavit in favour of the petitioner. The cancellation order passed by the Licensing Authority only mentions the report of the Supply Inspector and the affidavit submitted by the Up Pradhan/Deputy Pradhan. It does not refer at all to the explanation submitted by the petitioner to the show cause notice issued to him.;