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

2. By the consent of the counsel for the parties, the petition is finally disposed of.

3. By this writ petition, the petitioner has prayed for quashing the order dated 1.2.2013 passed by the District Supply Officer by which order, the petitioner’s fair price shop agreement has been suspended.

4. Learned counsel for the petitioner challenging the order contended that the petitioner was appointed as fair price shop dealer by the order of Sub-Divisional Officer and the District Supply Officer has no jurisdiction to suspend the fair price shop agreement.

5. Learned Standing Counsel was allowed time to obtain instruction by the order dated 14.2.2013. Learned Standing Counsel after instruction has submitted that the District Supply Officer is fully empowered to suspend a fair price shop agreement. He submits that the Government Order dated 30.9.2004 has been issued by the Government which has clearly provided that the District Magistrate and the District Supply Officer are entitled to carry out inspection and to take final action including suspension and cancellation of fair price shop agreement situate in rural or urban areas. Para 2 of the said Government Order provided as follows:

“Vibhinn Zilo Dwara Shashan Se Gramin Kshetra Evam Shahari Kshetra Mein Uchit Dar Dukano Ke Dandatmak Karyawahi (Nilamban/Nirastikaran Aadi) Ke Adhikar Ki Stithi Spashta Karne Ke Sambandh Mein Margdarshan Ki Apeksha Ki Gayi Hai. Ukt Ke Pariprekshya Mein Mujhse Yah Kahne Ki Apeksha Ki Gayi Hai Kii Zila Adhikari Tatha Zilapurti Adhikari Ko Sampoorna Zile Ke (Jisme Nagriya Evam Gramin Dono Kshetra Sammilit Honge) Lakshit Jan Vitran Pranali Ke Sabhi Dukaon Ke Nirikshan Tatha Unke Virudhdh Dandatmak Karyahi (Nilamban/Niristikaran Aadi) Karne Ka Adhikar Hoga. Up Zila Adhikari Ko Apne Tehsil Mein Stith Sabhi Dukaon Ke Nirikshan Tatha Unke Virudhdh Dandatmak Karyahi (Nilamban/Nirastikaran Aadi) Karne Ka Adhikar Yathawat Rahega.”

6. The U.P. Scheduled Commodity Distribution Order, 2004 has been issued by the State Government in exercise of powers under Section 3 of the Essential Commodities Act, 1955. Under the said order of 2004, the State Government is empowered to issue orders regulating inspection and monitoring of the fair price shops. The power of the State Government is clearly provided for in clauses 21 and 23 of 2004 Order. The State Government having specifically provided for empowering the District Supply Officer and the District Magistrate to take all action including suspension and cancellation, the submission of the petitioner that the District Supply Officer has no jurisdiction to suspend the fair price shop agreement is without any substance.

7. Learned counsel for the petitioner submits that the petitioner be allowed some time to submit reply to the show-cause notice as required by the order dated 1.2.2013. The petitioner may submit his reply alongwith evidence within ten days and the District Supply Officer after considering the reply shall take a final decision according to Government Order dated 30.9.2004.

8. With these observations, the writ petition is disposed of.

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