Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioner challenging the order of cancellation of fair price shop by the Sub Divisional Magistrate by his order dated 22.05.2012 and the order dated 15.04.2013 passed by the Appellate Authority in Appeal No. 169/K of 2010 rejecting the same.
(2.) It is the case of the petitioner as argued by her counsel that in the impugned order two grounds have been mentioned with regard to cancellation of fair price shop of the petitioner.
(3.) It has been alleged that on the basis of complaint made by one Smt. Kusumawati, wife of Dinesh of Gram Sabha Bhatgawa, Block Sukrauli Tehsil Hata, district Kushinagar, the Commissioner and the District Magistrate, Kushinagar had directed the District Supply Officer to get an inquiry conducted into the matter. The Area Rationing Officer, Hata inspected the shop on 20.10.2011 and took statements of various Card-holders in the village. Certain villagers belonging to B.P.L. Category alleged that the petitioner was not giving them food grains in the prescribed quantity, besides she was over charging for the said food grains also. Some Card-holders of Antyoday also complained against the petitioner of not distributing the prescribed quantity of food grain and over charge for sugar as well as kerosene. It was also complained that the petitioner's father-in-law was an elected Gram Pradhan of the said village and as per the Government Order dated 03.07.1990, the petitioner belonging to the family of Gram Pradhan could not be allowed to continue with the fair price shop licence.;