SHIV DARSHAN Vs. STATE OF U P AND 3 OTHERS
LAWS(ALL)-2018-1-218
HIGH COURT OF ALLAHABAD
Decided on January 31,2018

Shiv Darshan Appellant
VERSUS
State Of U P And 3 Others Respondents

JUDGEMENT

Sangeeta Chandra, J. - (1.) This writ petition has been filed challenging the order passed by the Licensing Authority dated 13.3.2015 cancelling the Fair Price Shop license of the petitioner and the order dated 16.4.2016 passed by the Appellate Authority rejecting his Appeal.
(2.) It is the case of the petitioner that the petitioner had fallen sick and had submitted a leave application on 14.8.2014 saying that he was unwell and therefore he cannot distribute the food grains for the month of August. However on 4.7.2014 some complaints had been made against the petitioner by some villagers and on 16.8.2014, the Area Supply Inspector and the Naib Tehsildar Sadar visited the village in question and found the shop of the petitioner closed and recorded the statements of various villagers, who did not get any food grains for the month of August 2014 and they stated that the licensee either gives food grains or gives sugar or gives kerosene, but not all scheduled commodities together to the card holders. Moreover he also over charges for the scheduled commodities. Individual statement as well as joint statement were recorded of some Antyoday, BPL and APL card holders.
(3.) The Gram Pradhan's statement was also recorded that for the past three months the petitioner's distribution to Antyoday, BPL and APL card holders was not in accordance with law. One Gram Panchayat Vigilance Committee member Bachoon son of Bachoo also stated that the petitioner never approached him for signature on the distribution certificate and if such distribution certificate has been issued in his name, the same should be treated as forged.;


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