RITU RAJ AWASTHI,J. - (1.) Heard learned counsel for the petitioner as well as learned Standing Counsel.
(2.) The writ petition has been filed challenging the impugned orders dated 18.9.2015 as well as 30.11.2015, whereby the fair price shop license of petitioner has been cancelled and the appeal preferred thereafter has been dismissed.
(3.) As per given facts as borne out from the record the petitioner was granted fair price shop license for Village Panchayat Jharha, Block Deenshahgaura, Tehsil Dalmau, District Raebareli. On 4.2.2014 and 24.2.2014 certain complaints were made against the petitioner regarding improper distribution of essential commodities to the card holders at a higher price than the rates fixed. On the said complaints preliminary enquiry was conducted by the Supply Inspector and on the basis of preliminary enquiry report dated 13.3.2014 the opposite party no.3/Up Ziladhikari, Dalmau, District Raebareli vide order dated 13.3.2014 had suspended the license of fair price shop of petitioner. It was thereafter that the petitioner had submitted his detailed reply on 15.4.2014. The opposite party no.3 vide order dated 30.9.2014 had passed the order cancelling the agreement of fair price shop license of petitioner. The petitioner feeling aggrieved had challenged the said order by filing an appeal before the Divisional Commissioner, Lucknow. The said appeal was allowed vide order dated 9.7.2015 and the order dated 30.9.2014 was quashed. The matter was remanded back to the competent authority to decide it afresh giving opportunity of hearing to the petitioner after providing relevant documents such as enquiry report, statements of card holders and after providing opportunity of hearing. It is thereafter that the petitioner was provided the copy of preliminary enquiry report, statements of card holders and other documents vide letter dated 21.8.2015. The petitioner was asked to submit his explanation which he filed on 31.8.2015. The competent authority thereafter called the report from the Supply Inspector on the information given by the petitioner and Supply Inspector had submitted his report on 18.9.2015. Thereafter the competent authority had again cancelled the fair price shop license of petitioner vide order dated 18.9.2015. The petitioner thereafter preferred an appeal which has been dismissed vide impugned order dated 30.11.2015.;