A.P.SAHI,J. - (1.) HEARD learned counsel for the petitioner and the learned standing counsel.
(2.) THE petitioner was a licensee of fair price shop at Village Raibhanpur, Nyaya Panchayat Patti Dayal Block and Tehsil Badlapur district Jaunpur. Certain complaints are alleged to have been made against the petitioner where after an inquiry was conducted and the petitioner's licence was ultimately cancelled on 4.2.2008. The petitioner preferred an appeal under clause 28 of the U.P. Commodities Control Distribution Order, 2004 which appeal has also been dismissed by the Commissioner vide order dated 1.8.2008 against which the present writ petition has been preferred. Learned counsel for the petitioner contends that the charges which were levelled against the petitioner were without any basis and it was only on account of certain oral allegations and local political rivalry that the petitioner's fair price shop licence was cancelled. He contends that the findings recorded by the Sub Divisional Magistrate as affirmed by the Commissioner are based on no evidence and are perverse. He further contends that the explanation afforded by the petitioner, has been completely ignored and irrelevant factors have been taken into consideration.
(3.) LEARNED standing counsel on the other hand contends that the the petitioner had committed severe irregularities and findings recorded by the Sub Divisional Magistrate as well as by the Commissioner are founded on material evidence and there being no infirmity, the impugned order does not deserve interference under Article 226 of the Constitution.;