Rajnish Kumar, J. - (1.) The instant writ petition has been filed by the petitioner challenging the order dated 28.10.2017 passed by the Joint Commissioner (Food) Lucknow Mandal,Lucknow in Appeal No.D-168/2016 under Section 28(3) of U.P. Essential Commodities Distribution and Control Order 2004 and also to quash the order dated 20.06.2016 passed by the opposite party no.3, by means of which the license of fair price shop of the petitioner has been cancelled. The petitioner has further prayed for a direction to the opposite party to permit her to run the fair price shop of Village Panchayat-Rasoolabad, Block and Tehsil-Mahmoodabad, District-Sitapur.
(2.) The facts, in brief, for adjudication to the present controversy are that the petitioner was a licensee of Village Panchayat-Rasoolabad, Block and Tehsil-Mahmoodabad, District-Sitapur. She was running fair price shop of the Village Panchayat in question for the last several years. On the complaint made by some card holders, against the petitioner, an enquiry was conducted and after receipt of the enquiry report, the show cause notice was issued to the petitioner on 31.03.2016. The petitioner submitted a reply to the show cause notice by means of the letter dated 12.04.2016. Thereafter without considering the reply of the petitioner, the opposite party no.3 suspended the license of the petitioner by means of the order dated 20.06.2016 and called an explanation of the petitioner alongwith the evidence. The petitioner submitted her reply on 02.05.2016 to the opposite party no.3 alongwith the affidavit of certain card holders, who stated that they always lift their quota and the petitioner never take more money than the fixed rate. The petitioner also annexed the affidavits of certain BPL & APL card holders with the reply, who also stated that the petitioner always distributed the essential commodities and requested to restore the supply of the petitioner. The Sub-Divisional Officer, i.e, opposite party no.3,without conducting any enquiry and affording opportunity to the petitioner and considering the reply of petitioner, passed an order dated 20.06.2016 cancelling the license of the petitioner. The petitioner preferred an appeal before the Joint Commissioner(Food), Lucknow Mandal, Lucknow under Section 28(3) of the U.P. Essential Commodities Act. The appeal of the petitioner was also dismissed without considering the grounds taken by the petitioner, therefore the petitioner has approached this Court.
(3.) Heard learned counsel for the petitioner and learned Standing Counsel.;