Ran Vijai Singh, J. - (1.) THIS writ petition has been filed for issuing a writ of certiorari quashing the orders dated 19.1.2005 and 12.1.2006 passed by the Up-Zila Adhikari, Sadar, Azamgarh and Commissioner Azamgah Division Azamgarh (Respondents no. 3 and 2). Vide order dated 19.1.2005, the respondent no. 3 has cancelled the agreement to run the fair price shop of the petitioner and by the subsequent order dated 12.1.2006 the petitioner's appeal against the order of cancellation was dismissed by the respondent no.2.
(2.) THE petitioner happens to be a fair price shop dealer appointed under an agreement executed between the petitioner on the one side and the collector on the other side. THE agreement of the petitioner was suspended on 08.11.2004 on the ground that the petitioner has been distributing the scheduled commodities to the below poverty line card holders (in short B.P.L. card holders) on excessive price. The petitioner was served with a show cause notice. A reply to the show cause notice was filed by the petitioner on 29.12.2004 stating therein that the petitioner was forced by the authorities to make a signature on the blank papers with respect to the return of excess amount charged by him from the B.P.L. card holders. He has also stated in his objection that the Supply Inspector Sri Satish Chandra Singh has been demanding Rs.1000/- per month as a bribe and when the petitioner has not paid the same he became angry and his anger emerged in the shape of suspension order. It is also worthwhile to mention that 18 B.P.L. card holders have filed an affidavit before the Sub Divisional Officer Azamgarh stating therein that no excessive price has been charged by the fair price shop dealer and distribution of scheduled commodities have been made on the price fixed by the Government. In his submissions the suspension order was unsustainable in the eye of law.
(3.) THE Sub Divisional Officer Azamgarh thereafter cancelled the agreement of the petitioner on 19.1.2005. From the perusal of the order it transpires that the Sub Divisional Officer did not consider the petitioner's objection to the show cause notice and the affidavits filed by the B.P.L. card holders and has passed the cancellation order on the basis that earlier before task force the petitioner has made signature on the papers containing the proof that he has returned the excess amount charged by him to the B.P.L. card holders. Aggrieved from this order the petitioner has filed an appeal before the Divisional Commissioner, Azamgarh and the Divisional Commissioner too without considering the relevant materials available on record and placing reliance on the report of the task force has dismissed the petitioner's appeal.;