SANGEETA CHANDRA,J. - (1.) This writ petition has been filed by the petitioner challenging the order dated 25.06.2012 passed by Sub Divisional Magistrate, Sadar, Varanasi cancelling the fair price shop licence of the petitioner and order dated 27.07.2013 passed by Commissioner, Varanasi Division, Varanasi rejecting the Appeal of petitioner.
(2.) It has been submitted by the learned counsel for petitioner that initially on the basis of some First Information Report lodged in Case Crime No. 7 of 2012 under Sections 3/7 of the Essential Commodities Act at Police Station - Cholapur, District Varanasi on 18.03.2012 the fair price shop licence of the petitioner was suspended and he was asked to hand over the kerosene oil in his stock to the link shop licensee. A show cause notice was issued to him along with suspension order on 20.03.2012. The petitioner submitted his reply to the said show cause notice on 01.05.2012 in which he stated that the First Information Report had been lodged only because of enmity with the Gram Pradhan. The petitioner has distributed the kerosene oil in accordance with law and at the time when the said recovery was made of 540 litres of kerosene oil in three drums as alleged, the petitioner had carried out the distribution of kerosene oil lifted by him from the wholesale dealer on 14.03.2010 and 624.50 litres of kerosene oil was left in his stock which he handed over to the link shop licensee. No cardholders had made any complaint against the petitioner's working. The petitioner's fair price shop was not inspected and the stock was not physically verified from the entries made in Sale Register or Stock Register.
(3.) After this explanation was submitted by the petitioner, the petitioner was again issued a show cause notice on 22.05.2012 which show cause notice has been filed along with Supplementary Affidavit by the petitioner. In this show cause notice, the Sub Divisional Magistrate, Sadar, Varanasi has said that the explanation given by was the petitioner is not in accordance with law and is not satisfactory, therefore, the licensee has been asked to submit the Stock and Sale Register of January, February and March, 2012 and also to submit explanation.;