- (1.) Heard Shri Vishal Tandon, learned counsel for the petitioner and Shri Devesh Vikram, learned Standing Counsel.
(2.) The petitioner is before this Court assailing the order dated 29.09.2018 passed by third respondent by which his fair price shop license has been cancelled and also the order dated 11.12.2018 passed by second respondent dismissing the appeal in question.
(3.) This much is reflected from the record in question that the petitioner was the fair price shop dealer of Gram Panchayat Sumahi Sant Patti, Block Sewrahi for last many years. The card holders of Gram Sabha Jagdishpur of the same block were also attached with the shop of the petitioner for the time being. Eventually the shop of Gram Sabha Jagdishpur was allotted to one Smt. Kanti Devi vide order dated 24.3.2018. During the attachment period of five months there was no complaint against the petitioner. On 31.5.2018, 13 bags of wheat each 50 kg were caught by the third respondent while the same was being carried on a vehicle in the village Jagdishpur and the same were seized. It was alleged that the said commodity was for distribution in Gram Panchayat Jagdishpur and the same has been given by the petitioner to Rajendra Dubey for black marketing. Though at the time of checking and seizure the driver of the said vehicle having registration no.UP 57T 8765 namely Shambhu Prasad has stated that the said commodity was got loaded by Rajendra Dubey and the same was being carried to the market for blackmarketing by Rajendra Dubey. It is contended that on the same day the statement of landlord of the room, where the recovered commodity is said to have been stored/ kept was also recorded, who specifically stated that the room has been given to one Mangroo and Rajendra Dubey and he has not at all disclosed the complicity of the petitioner. In this regard an FIR under Section 3/7 Essential Commodities Act was registered and the shop of the petitioner has been placed under suspension. Consequently the petitioner filed detailed reply but ultimately the license in question has been cancelled by the order impugned by the licensing authority and appeal against the same was also rejected. ;