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Lallan Ram v. State Of U.P. Thru' Secy. Food & Civil Supplies & Ors. - WRIT - C No. - 25577 of 2004 [2007] RD-AH 17670 (13 November 2007)

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Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

The petitioner was granted licence for running fair price shop for Gram Sabha Gangoli by the resolution of Gram Panchayat dated 30.11.99. The shop of the petitioner was inspected by the authority on certain complaints made by the village Pradhan and it was found that the petitioner had committed grave irregularities. The licence of the petitioner was cancelled vide order dated 25.7.2003 by respondent no.2, Up Ziladhikari Mohammadabad, Tehsil Mohammadabad, District Ghazipur.

Aggrieved by the aforesaid order dated 25.7.2003 the petitioner filed Civil Misc. Writ Petition No. 41207 of 2003 before this Court which was disposed vide order dated 5.11.2003 directing the petitioner to file an appeal against the order dated 25.7.2003 before the Commissioner, Varanasi Division, Varanasi which was dismissed vide order dated 4.6.2004, hence this writ petition.

The counsel for the petitioner submits that neither any complaint nor any irregularity in distribution of work of the petitioner was found and no opportunity of hearing was afforded to the petitioner while cancelling the licence for fair price shop of the petitioner.

The Standing counsel appearing for the respondents submits that there is no illegality or infirmity in the impugned order, hence no inteference is required by this Court under Article 226 of the Constitution.

Allotment of fair price shop is a matter of contract on terms of conditions contained in the licence. If the petitioner is aggrieved by cancellation of the allotment of fair price shop, he may approach the Civil Court by way of civil suit as the appeal to the Commissioner is only by way of Government Order and is not by way of any statutory appeal.

No illegality or infirmity could be shown by the counsel for the petitioner.

The writ petition is dismissed. Interim order, if any stands vacated.

Dated 13.11.2007



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