A.P.SAHI,J. - (1.) THE short question raised in this petition is, as to whether the Sub- Divisional Magistrate was right in canceling the license to run a fair price shop issued in favour of the petitioner, as affirmed by the Commissioner in appeal under the provisions of the U.P. Scheduled Commodities Distribution Order, 2004 read with the Government Order dated 28.10.2002.
(2.) THE petitioner was granted a license to run a fair price shop under the Government Order dated 28.10.2002, which was then prevalent, in the year 2003. This was done according to the petitioner under a valid resolution of the Gram Sabha to run the shop at Village Houspura within Gram Panchayat Sainjni. Charges of maldistribution were brought against him coupled with the charge of having concealed the fact that his father, Mohd. Sayeed, was already a license holder of a fair price shop at village Sainjni which disqualifies the petitioner for a license under Clause 10(e) of the Government Order dated 28.10.2002. An enquiry was conducted with opportunity to the petitioner who, apart from defending the charges on the ground of improper procedure adopted during enquiry, went on to urge that since he was living separately from his father, he did not inhere any such disqualification as alleged aforesaid. It was also contended by the petitioner in his reply that the documents which he wanted to support his stand with, were lost on his way to the Sub-Divisional Magistrate's office. Relying on the extract of the family register of Village Juldhakiya, Gram Sabha Sainjni, Nyaya Panchayat Dilari, Tehsil Thakurdwara, District Moradabad, it was pleaded that the petitioner's family has been shown separately from that of his father and as such it is urged that the conclusions drawn by the Sub-Divisional Magistrate as affirmed by the Commissioner are erroneous. In short, since the petitioner is separated from his father, therefore he does not belong to the same family as per the Government Order dated 28.10.2002 and therefore he does not suffer from any such disqualification. The prayer is to accordingly quash the impugned orders as they proceed on erroneous assumption of law and fact.
(3.) I have heard learned counsel for the petitioner and Sri C.P. Mishra, learned standing counsel for the State who has cited the decision in the case of Baldev Sahai Bangia Vs. R.C. Bharin reported in 1982(2) SCC 210 to support his submissions.;