Hon’ble Dr. B.S. Chauhan, J.—This writ petition has been filed for quashing the impugned suspension order passed by Sub Divisional Magistrate, Maharajganj and for directing the Divisional Commissioner, Gorakhpur Region, Gorakhpur to decide the appeal.

2. The facts and circumstances giving rise to this case are that the petitioner is a licensee of fair price shop. The Sub Divisional Magistrate (respondent No. 3) vide order dated 28.11.2006 suspended the said licence/agreement. Being aggrieved, petitioner filed Appeal No. 12/M of 2006 before the respondent No. 2, wherein, vide order dated 15.12.2006, passed by the respondent No. 2, the suspension order dated 28.11.2006 has been kept in abeyance. However, the appeal has not been decided. Hence this petition.

3. Shri Krishna Nand Yadav, learned Counsel for the petitioner has raised large number of issues and submitted that the order of suspension dated 28.11.2006 is liable to be set aside on the ground that the said order had been passed without giving any opportunity of hearing to the petitioner. In support of his submission Shri Yadav has placed a very heavy reliance on the judgments of this Court in Shiv Raj Singh v. State of