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Judgment
Heard learned counsel for the parties.
In the present case, the petitioner is challenging the order
dated 8.7.2015 passed by the Sub-Divisional Officer, Daudnagar,
Aurangabad, whereby and whereunder, the P.D.S. licence of the
petitioner has been cancelled.
A proceeding was initiated at the instance of Jagdish
Chandra Prasad, who filed a complaint that Naresh Chandra Prasad
has pasted his own photograph upon the licence of Jagdish Chandra
Prasad and running the P.D.S. Shop illegally, whereafter, the
proceeding was initiated. The petitioner was given show-cause and in
the show-cause, he has taken a plea that he has been running the shop
for last several years which can be verified from the consumer. After
perusal of the records, the S.D.O. has found that in the year 1992, the
licence was issued in the name of Jagdish Chandra Prasad vide
Licence No. 01/O/1992 and as Jagdish Chandra Prasad, was not
keeping good health, Naresh Chandra Prasad was running the shop
but, mischievously, he has got his name substituted in place of Jagdish
Chandra Prasad and become Licence No. 01/O/1996, whereafter, he
was running the shop in his own name. It has been recorded that the
act of Naresh Chandra Prasad is completely fraudulent and illegally
he is running the shop and arrived to a decision to cancel the licence
of the petitioner.
As the petitioner has directly approached this Court
instead of approaching before the appellate authority, this writ
application is disposed of with a liberty to the petitioner to file an
appeal before the Appellate Authority.