HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 323 of 2006 (M/S) Salamat Son of Sri Bholu, Resident of Village Lalpur, Tehsil Kashipur, District Udham Singh Nagar ………………Petitioner Versus 1. State of Uttaranchal through Collector Udham Singh Nagar 2. Commissioner Kumaon Mandal Nainital 3. District Supply Officer Udharm Singh Nagar 4. Gram Pradhan, Gram Sabha Lalpur, Block Jaspur District Udham Singh Nagar ……………Respondents Sri Yogesh Pandey, Arvind Vashisth Advocates for the petitioner Standing Counsel for the respondents Hon’ble Justice Rajesh Tandon, J. Heard Sri Yogesh Pandey, counsel for the petitioner and Standing Counsel for the Respondents. The petitioner has filed the present writ petition for a writ of certiorari quashing the order dated 15.2.2006 Passed by Commissioner Kumaon Mandal Nainital in Appeal No. 20 of 2005-2006 and order dated 24.1.2006 passed by District Magistrate Udham Singh Nagar Respondent No. 2 and 3. 2 Brief facts rise to the present petition are that petitioner is holding lience of Fair Price shop of Village Lalur Tehsil Kashipur District U.S. Nagar. The Fair Price Ship is only source of livelihood of the petitioner. Petitioner was performing his duty in distributing the essential commodities to the Ration Card holders attached to his Fair Price Shop and there was no complaint at any point of time regarding his work and conduct. According to the petitioner some persons who were annoyed with the petitioner due to non fulfillment of their illegal requirement tried to harass the petitioner and drag him in false cases. The petitioner was falsely implicated in a criminal case under section 147, 148, 149, 356, 307, 337, 338, 332, 328, 506 I.P.C. with collusion of the police in which he was granted bail. He further alleged that in order to snatch the only source of livelihood i.e. the Fair Price Shop some false complaint was made against the petitioner regarding the irregularities in distribution of Essential commodities. The allegations were made against the petitioner that he used to sale the Essential commodities in market. It is also alleged that the petitioner is a criminal and always used to close the Fair Price Shop. On the aforesaid complaint the Supply Inspector Kashipur made an inquiry from the Ration Card holders and recorded the statements of some Ration Card holders, who admitted that they have enmity with the petitioner. The inquiry was conducted in absence of the petitioner as the petitioner was detained in jail and only on the basis of the alleged inquiry, the license of the petitioner was suspended and he was directed to submit his explanation. The petitioner submitted his explanation on 21.8.2005 before the District 3 Supply Officer Udham Singh Nagar in which it was specifically stated that he is regularly distributing the Essential Commodities to the Ration Card holders. The villagers holding Ration Cards including the Gram Pradhan made a joint representation before the Additional District Magistrate/ Senior Supply inspector Kashipur. Many Ration Card holder namely Mohd. Muzaffar Husain, Suresh son of Moti , Dharmpal son of Sri Sambhu ,Chhotey son of Puran, Ram Kishan son of Kanchan, Jaswant Singh son of Bhagwan Das, Hori son of Phullu, Om Prakash son of Sakatua , Babu Ram son of Ghasita, Hari Singh son of Babu Ram, Smt. Bhagwanti wife of Sukhwa , Sharif son of Jumma, Bhopal son of Nanhey , Abdul Rahman son of Dulha, Pati son of Puran ,Bhuray son of Ahhah Bux ,Sabir son of Jamma, Naubat Singh son of Sri Ram Prasad Up Pradhan, Vinok Kumar son of Sri Hori Ajai Rawal son of Sri Vijendra Babu son of Habib , filed their affidavits before the authorities concern. The petitioner has submitted that there was no irregularity in distributing the Essential Commodities to the Ration Card holders and ignoring the explanation and without affording any appropriate opportunity of hearing to the petitioner, the District Supply Officer passed cancelled the license of the petitioner. The aforesaid order dated 19.9.2005 has been challenged by the petitioner in an appeal before the Commissioner Kumaon Division, Nainital which was numbered as Appeal No. 1 of 2005-2006. The Commissioner Kumaon Division Nainital was pleased to set aside the order dated 19.9.2005 and referred the matter to District Magistrate Udham Singh Nagar with 4 direction to decide the matter after hearing the parties on administrative ground, vide its order dated 7.10.2005. Thereafter the petitioner also filed a detailed reply before the District Magistrate/District Supply Officer on 24.12.2005 denying the allegations made against him. Thereafter the matter was heard by the District Magistrate Udham Singh Nagar on 24.12.2005 and he cancelled the license of Fair price shop of the petitioner vide order dated 24.1.2006. The order aforesaid passed by the District Magistrate Udham Singh Nagar has been challenged by the petitioner by filing an appeal before the Commissioner Kumaon Division Nainital which was numbered as Appeal No. 20 of 2005-2006 which has been dismissed by the Commissioner Kumaon Division Nainital vide its order dated 15.2.2006. The Commissioner in his order-dated 15.2.2006 has directed that petitioner may file application for license after three months after reforming his conduct. The period of three months is likely to expired soon. In view of above, liberty is given to the petitioner to move application to the competent authority for restoration of his license soon after the expiry of three months from the date of order of the appellate Court. The competent authority shall pass appropriate order on the application of the petitioner within 15 days thereafter. Subject to the observations made above, the writ petition is disposed of. No order as to costs. Dated: 12.4.2006 Rajesh Tandon, J. *Dyhani