By the Court.—Heard learned counsel for the petitioner and learned Standing Counsel and perused the record.

2. The petitioner seeks to challenge the impugned order dated 5.9.2006/Annexure-1 to the writ petition ( admittedly received by the petitioner on September 11, 06 as disclosed in the reply of the petitioner ( copy of which has been enclosed as Annexure-2 to the writ petition by means of which his fair price shop licence/agreement has been suspended requiring him to file explanation within a week. There is no averment in the writ petition stating therein that the said order has been complied with by the petitioner.

3. The main grievance of the petitioner is that he was not given opportunity before the impugned order/Annexure-1 to the writ petition was passed.

4. Learned counsel for the petitioner has place reliance upon Clause 8(2), U.P. Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1989. For convenience Clause 8(2) of the Order, 1989 is reproduced below:

“8. Contravention of condition of licence: No licence or his agent or servant or any other person acting on his behalf shall contravene any provision of this order or any of the terms or