Ritu Raj Awasthi, J. - (1.) Heard Mr. Vijay Kumar Tiwari, learned counsel for the petitioner as well as Mr. Kuldeep Singh, learned Standing Counsel and perused the records.
(2.) The writ petition has been filed challenging the orders dated 27.7.2011 as well as 30.7.2013, whereby the fair price shop licence of petitioner has been cancelled and the appeal preferred against the said order has been rejected.
(3.) Learned counsel for the petitioner submits that the fair price shop licence of petitioner was earlier suspended on 18.11.2010. The petitioner feeling aggrieved preferred appeal under Clause 28 (3) U.P. Essential Commodities Distribution Order, 2004 which was allowed vide order dated 21.12.2010 and the fair price shop license was restored. Now, on the same allegations another complaint was made on 3.5.2011. In this complaint allegations were made regarding non-distribution of essential commodities by the petitioner during the period December, 2009 to March, 2011. The complainant had earlier lodged FIR against the petitioner under Section 307 IPC. In fact, the petitioner has enmity with the complainant, namely, Nanbabu Gautam and Munna Lal Gautam. They had lodged false case registered as case Crime No. 267 of 2011, under Sections 147, 148, 149, 504, 352, 324, 307 IPC and Section 3 (2) (v) SC/ST Act. The fair price shop licence of petitioner was suspended vide order dated 14.6.2011 and thereafter vide order dated 29.7.2011 the fair price shop licence of petitioner was cancelled. The appeal preferred thereafter before the Divisional Commissioner was dismissed vide judgment and order dated 30.7.2011.;