- (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent.
(2.) Petitioner is before this Court assailing the impugned cancellation order dated 19.2.2015 passed by the third respondent as well as appellate order dated 19.8.2017 passed by the second respondent.
(3.) The record in question reflects that the petitioner was fair price shop dealer of village Datauli, Block Jaithra, Tehsil Aliganj, District Etah since 1989 and no complaint has ever been made against him by any of the cardholders or by any of the administrative authorities. Earlier the license of the petitioner had been suspended by the second respondent on 15.10.2012 against which the petitioner went into appeal and the appellate authority vide order dated 19.8.2014 allowed appeal of the petitioner and set aside the suspension order dated 15.10.2012. Pursuant to the appellate order, the third respondent restored the agreement/license of the petitioner vide order dated 5.9.2014. Thereafter, the petitioner made an application before the second respondent dated 16.10.2014 disclosing therein name of the persons who did not agree to receive essential commodities from the petitioner with the intention of making false complaint against the petitioner and again made an application before the the District Magistrate Etah on 10.11.2014 regarding the false complaints made against the petitioner by the same persons whose name had been disclosed in his application dated 16.10.2014. Noteworthy that three out of nine of the named persons in aforementioned application made a false complaint against the petitioner on 10.11.2014 on which the fourth respondent submitted a false and fabricated report dated 11.11.2014 against the petitioner without making spot inspection. It appears under undue influence of the Gram Pradhan as well as local political leaders, the license of the petitioner was again suspended vide order dated 21.11.2014. After receiving the suspension order, the petitioner had submitted his detailed reply on 12.12.2014 denying all charges levelled against him. Petitioner had also challenged the said suspension order before the Division Bench of this Court by preferring Civil Misc. Writ Petition No. 853 of 2015. The said writ petition was disposed of by this Court vide order dated 16.1.2015 with a direction to the Sub Divisional Magistrate concerned/second respondent to pass a final order in the matter in accordance with law after considering the petitioner's reply dated 12.12.2014 within six weeks. Thereafter, the third respondent without appreciating the reply dated 12.12.2014, in a cursory mannder cancelled the license of the petitioner vide order impugned dated 19.2.2015. Being aggrieved, the petitioner filed an appeal No. 6 of 2015 (Kishori Lal Vs. State of U.P. and Others), under Section 28(3) of U.P.Scheduled Commodities Distribution Order, 2004 before the second responden, which too has been dismissed vide order impugned dated 19.8.2017. Hence, this writ petition.;