JUDGMENT :

Rajeev Ranjan Prasad, J.

1. Heard Mr. N.K. Agrawal, learned Senior Counsel for the petitioner and Mr. Alok Ranjan, AC to AAG 5.

2. This writ application has been preferred for issuance of a writ in the nature of certiorari to quash the order dated 25.09.2017 passed by the Divisional Commissioner Saran at Chapra (respondent no. 2) in Revision Case No. 243 of 2016 by which the respondent no. 2 has been pleased to dismiss the revision application and affirmed the order passed by the District Magistrate-cum-Collector, Gopalganj (respondent no. 3) in Supply Appeal Case No. 16 of 2015 whereby the appeal preferred against the order of the Sub-Divisional Officer, Hathuwa cancelling the public distribution license of the petitioner being license no. 16 of 2017 has been upheld.

3. It is the case of the petitioner that Sub-Divisional Officer, Hathua vide letter no. 1039 dated 16.07.2015 (Annexure 1') called upon the petitioner to show cause as to why the license of the public distribution shop of the petitioner be not cancelled. The said show cause notice (Annexure 1') was issued in the light of the letter of the Block Supply Officer, Kateya bearing no. 60 dated 10.07.2015 reporting therein irregularities in the matter of distribution of ration/kerosene oil, realization of more than the fixed price, indulging in black marketing of the ration for the month of May 2015 and mis-behaviour with the beneficiaries.

4. The petitioner was called upon to submit his explanation. With the show cause notice the report of the Block Supply Officer, Kateya was made available to the petitioner. In his report the Block Supply Officer has stated that in view of the letter of Sub-Divisional Officer as contained in letter no. 966 dated 29.07.2015 and letter no. 978 dated 30.06.2015 he had gone to village Singhwania and obtained the written statement of allegationists, namely, (1) Samich Khatoon, (2) Salimun Nesha, (3) Safikan Khatoon, (4) Salimun Nesha and (5) Fatma Khatoon all residents of village Sindhwania, Panchayat Patkhauli. These beneficiaries appeared before the Block Supply Officer with their original cards and they complained that they are always scolded by the dealer Nizamuddin Ahmed. He used to say that they can go anywhere to make their complaint but they will not be provided ration. It was alleged that as on 10.07.2015 the dealer has not given any ration for even one month. It was further alleged that whenever consumer goes to take kerosene oil, the dealer gives only 2 liters of kerosene oil charging Rs. 25/- per liter which is more than the fixed amount. The other consumers informed the Block Supply Officer that the dealer had sold the ration of May 2015 in black market. On 09.07.2015 when the Block Supply Officer went to the shop of the petitioner his shop was found closed and there was no board in front of the shop. It is stated that on 9th June also the Block Supply Officer had gone to inspect the shop of the petitioner but it was found closed. Vide his office letter no. 50 dated 11.06.2015 the dealer was asked to mend his ways but there was no improvement in the behavior of the dealer and he indulges in violating the rules and misbehaving with the beneficiaries.

5. The petitioner submitted his reply as contained in Annexure 2'. He denied all the allegations and alleged that due to personal enmity and for some reason few persons are doing politics and acting in conspiracy with each other they want to get the license of the petitioner cancelled. As regards the complaint of the five consumers, the petitioner has submitted that the allegations are false and baseless, the five consumers have got the card only one month back from some sources and they have never come to lift the ration. It has been submitted in the reply that these consumers have acted with malice and in conspiracy they have tried to indulge the petitioner in false allegation of black marketing. The petitioner enclosed the written certificate of the local Mukhiya and Pramuk