R.H.Zaidi, J. - (1.) Heard learned counsel for the parties and also perused the record.
(2.) By means of this petition under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 11.12.1997 passed by respondent No. 1, allowing the appeal filed by respondent No. 3, against the order dated 27.11.1997 passed by Sugar Commissioner, U. P., Lucknow.
(3.) It appears that in exercise of powers under U. P. Khandsari Sugar Manufacturer Licensing Order, 1967 (for short 'Licensing Order'), licensing authority granted a licence in favour of respondent No. 3. Petitioner, who was adversely affected by the grant of said licence, filed objection before respondent No. 2 Sugar Commissioner/Licensing Authority, and prayed for cancellation of the licence granted in favour of respondent No. 3. In brief, it was pleaded that the licence was obtained by respondent No. 3 by concealing material facts, committing forgery and by playing fraud. Same was, therefore, liable to be cancelled. On receipt of the objections filed by the petitioner, notices were issued by respondent No. 2, to respondent No. 3, to show-cause as to why licence granted in favour of the said respondent be not cancelled. On receipt of the notices respondent No. 3 filed its explanation. Parties thereafter produced evidence, for and against.;