VED PRAKASH VAISH,J. - (1.) Heard Sri Prahlad Maurya, learned counsel for the petitioner and Sri L.M. Khare, Learned Standing Counsel for the respondents.
(2.) The petitioner, Sri Asha Ram has filed the present writ petition with the following prayer:- (i) Issue a writ of Certiorari by quashing of the impugned order dated 29.01.2015 passed by opposite party no.2 in the Appeal No. 50 of 126 (Asha Ram Vs. State of U.P. and Ors. ), District- Barabanki, contained in Annexure No.7 to the instant petition, in the interest of justice. (ii-1). Issue a writ of Certiorari by quashing of the order impugned dated 18.02.2013 passed by opposite party no.3 contained in Annexure no.-4 to the instant writ petition in the interest of justice.
(3.) The brief facts as set out in the present writ petition are that a license to run fair price shop in the Village Panchayat Bhithauli Khurd, Vikas Khand- Deva, District Barabanki was granted to the petitioner on 26.03.2008 by the Sub-Divisional Magistrate, Sadar, District- Barabanki; some card holders made complaints against the petitioner; after holding an inquiry, the inquiry report dated 12.07.2012 was submitted by Nayak Tehsil, Dewan. During inquiry it was found that the petitioner was supplying sugar once or twice in a year and he was selling Kerosene oil @ 17 Rs. per litre, the essential commodities were not supplied to the B.P.L./ other card holders, the petitioner used to mis-behave with the card holders and the distribution of food articles were not as per the rules. On the basis of the said inquiry, license of the petitioner was suspended by Sub-Divisional Magistrate, Barabanki vide order dated 13.08.2012. The petitioner submitted reply alongwith affidavit of Sri Gaya Prasad. After considering the inquiry report and reply of the petitioner, the license of the petitioner was canceled by the Sub-Divisional Magistrate, vide order dated 18.02.2013.;