Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioner challenging the order dated 22.05.2016 passed by the Licensing Authority cancelling the Fair Price Shop licence of the petitioner and the order dated 06.08.2016 passed by the Appellate Authority rejecting his appeal.
(2.) The counsel for petitioner has argued that the complaint made against the petitioner was by interested persons who were inimical to the petitioner. He has pointed out that one of them was Gram Pradhan. The other was erstwhile licensee and the third complainant was not a ration card holder of the village; and some of the complainants were even dead persons whose statements allegedly have been recorded for coming to the conclusion that irregular supply of the essential commodities was being made by the petitioner.
(3.) It has also been argued that the petitioner in his explanation has submitted the Sale Register and other documents to prove her case. Allegation against the petitioner was that she did not distribute the APL wheat to some of the card holders. It is the contention of the petitioner as mentioned in her supplementary affidavit that there were 314 APL card holders in her village who were entitled to get 7 kgs. of wheat per ration card and as such she should have been given 2198 kgs. of wheat by the department but the respondents only supplied 1525 kgs. of wheat to be distributed to APL card holders. Because of less supply of wheat the petitioner distributed on "first come first served" basis to all APL card holders. Some 96 ration card holders were left from getting wheat. It is her contention that to the BPL card holders and Antyodaya card holders he distributed the essential commodities as per schedule prescribed in the required quantity at the prescribed rate. The orders impugned have been passed out of malice.;