Hon’ble A.P. Sahi, J.—The short question raised in this petition is, as to whether the Sub-Divisional Magistrate was right in cancelling the license to run a fair price shop issued in favour of the petitioner, as affirmed by the Commissioner in appeal under the provisions of the U.P. Scheduled Commodities Distribution Order, 2004 read with the Government Order dated 28.10.2002.

2. The petitioner was granted a license to run a fair price shop under the Government Order dated 28.10.2002, which was then prevalent, in the year 2003. This was done according to the petitioner under a valid resolution of the Gram Sabha to run the shop at Village Houspura within Gram Panchayat Sainjni. Charges of maldistribution were brought against him coupled with the charge of having concealed the fact that his father, Mohd. Sayeed, was already a license holder of a fair price shop at village Sainjni which disqualifies the petitioner for a license under Clause 10(e) of the Government Order dated 28.10.2002.

3. An enquiry was conducted with opportunity to the petitioner who, apart from defending the charges on the ground of improper procedure adopted during enquiry, went on to urge that since he wa