- (1.)Petitioner, who is a fair price shop licensee of fair price shop situated in village panchayat Itahuva, Bloc Kaiserganj, District Bahraich, aggrieved by the order of cancellation of fair price shop license dated 16.07.2007 passed by Sub Divisional Officer, Kaiserganj, District Bahraich, preffed an appeal before the Commissioner, Devi Patan Mandal Gonda. The appeal No. 268/323 so preferred by the petitioner was rejected vide order dated 27.08.2008 passed by the Commissioner.
(2.)The aforesaid both the orders are under challenge in the present writ petition.
(3.)The main ground of attack of the petitioner's counsel is that the order of cancellation of fair price shop license was cancelled by the Sub Divisional Officer, Kaiserganj, without issuing any show cause notice or associating the petitioner in any manner in the enquiry. As would be evident from the perusal of the said impugned order dated 16.07.2007 that some enquiry was conducted by the Naib Tehsildar and on the basis of said enquiry, the Sub Divisional Officer passed the impugned order. No where in the said impugned order it has been mentioned that Naib Tehsildar while conducting enquiry has recorded the statement of the petitioner or issued any notice to him for putting his version.