RITU RAJ AWASTHI,J. - (1.) HEARD learned counsel for the petitioner as well as learned Standing Counsel and perused the record.
(2.) BY means of the present writ petition the petitioner has challenged the order dated 22.09.2007 passed by the Commissioner, Allahabad Division, Allahabad in Appeal No. 276/07 as well as the order dated 09.08.2007 passed by the Deputy Collector, Raniganj, Pratapgarh by means of which the license of the fair price shop of the petitioner was cancelled. Learned counsel for the petitioner has submitted that earlier the license of the petitioner's fair price shop was suspended by order dated 31.07.2000 against which he had preferred the appeal which was dismissed by order dated 26.02.2002, the petitioner feeling aggrieved had filed the writ petition no. 1151 (M/S) of 2002, in which an interim order was passed on 18.04.2002, by means of which the operation of the impugned order dated 26.02.2002 was stayed. In compliance of the said order the petitioner was allowed to continue to operate the fair price shop subsequently by means of the impugned order dated 09.08.2007 the license of the fair price shop of the petitioner was cancelled.
(3.) THE submission of the counsel for the petitioner is that in view of the stay granted by this Court in writ petition no. 1151 (M/S) of 2002 the authorities had no power to pass the cancellation order. It has been further submitted that against the order dated 09.08.2007 the petitioner had preferred the appeal before the Commissioner, Allahabad Division, Allahabad and the appellate authority without considering the relevant material on record and without properly appreciating the contention raised in the appeal had dismissed the appeal by order dated 22.09.2007.;