Sangeeta Chandra, J. - (1.) Rejoinder affidavit filed today in Court is taken on record.
(2.) This writ petition has been filed by the petitioner praying for quashing of the order dated 17.10.2012 passed by the Respondent No. 3, Sub Divisional Officer, Chhibramau, District Kannauj cancelling the Fair Price Shop licence of the petitioner and the order dated 03.07.2013 passed by the Respondent No. 2, Additional Commissioner, Kanpur Division, Kanpur rejecting the appeal of the petitioner.
(3.) The counsel for the petitioner has submitted that initially a preliminary fact finding inquiry was conducted by Naib Tehsildar, Chhibramau who submitted an on spot inspection report dated 11.06.2012 wherein he had recorded statements of cardholders that the petitioner did not distribute the Essential Commodities/Scheduled Commodities in accordance with law. For the past ten years the petitioner had been habitual of measuring/weighing the Scheduled Commodities irregularly and also charging higher price. The cardholders had refrained from complaining against the petitioner only because the petitioner had two sons who acted as village strongmen and the cardholders were afraid of them. The petitioner was required to get the distribution of Scheduled Commodities certified by the Village Administrative Committee consisting of Area Lekhpal and Gram Panchayat Secretary but he avoided getting signatures of the Village Administrative Committee and instead certified of his own the distribution by forging signatures of the members of Administrative Committee. He used to open the Fair Price Shop only for one day for distribution of the Scheduled Commodities and if a cardholder failed to appear on the particular day when the Fair Price Shop was opened, he would not be given any food-grain etc. or Scheduled Commodities after closure of the shop on second or third day. The petitioner was guilty of not only overpricing but also shortweighting the Scheduled Commodities and the kerosene was distributed only on a monthly basis. It was found by the Naib Tehsildar that the complaints mostly relating to shortfall in measuring and overpricing were correct by examination of Ration Cards of the cardholders of the village concerned.;