- (1.) THIS appeal has been preferred against the order dated 02.03.2009 passed by the learned Single Judge in W.P (C) NO.3861/2007 by which the writ petition was dismissed and thus the order passed by the respondent no.3 on 15.09.2006 canceling the license granted to the petitioner/appellant herein for running a fair price shop under the Public Distribution System was upheld.
(2.) THE learned Single Judge has clearly noted that the petitioner/appellant herein had earlier filed a writ petition bearing W.P(C ) NO.474/06 and the same was dismissed vide order dated 20.04.2006 with liberty to the petitioner/appellant herein to avail the remedy of filing an appeal. It also appears that the order of cancellation was passed after the petitioner/appellant herein filed a show cause notice in regard to his cancellation and the order of cancellation was passed pursuant to an enquiry report. Hence, the contention of the counsel for the appellant that the appellant's license was cancelled without any opportunity of hearing or without any enquiry is not sustainable.
(3.) THE counsel, however, asserted that the enquiry report was not an enquiry in the legal sense as stereo type orders are being passed in such matters. But we have gathered from the materials on record that the enquiry report had been furnished after gross irregularities on the part of the petitioner/appellant herein were detected which was found to have been proved and thus the allegation against him was subsequently established. The petitioner/appellant herein has also availed the remedy of appeal and therein also he has failed to succeed.;