Hon’ble Siddhartha Varma, J.—Heard learned counsel for the petitioner, learned Standing Counsel for the respondent Nos. 1, 2, 3, 4 and 5 and Sri O.P. Singh Senior Advocate assisted by Sri Shams-uz-zaman for the respondent No. 6.

Two pure questions of law have been raised by the petitioner’s counsel :

I. As to whether the Authority concerned could have cancelled the agreement of the fair price shop only on the basis of the fact that no reply was given by him and;

II. Whether the canceling Authority could consider the past record of the petitioner for cancelling the Fair Price Shop.

2. The learned Standing Counsel has chosen not to file any counter-affidavit and has made his submissions.

3. On 15.11.2016, the petitioner was served with a charge-sheet which had, in effect, five charges :

I. The petitioner did not open his Fair Price Shop on time and also did not distribute the essential commodities.

II. The petitioner did not give the stipulated quantity of food grain and also misbehaved with the customers.

III. On the pretext of supplying of gas cylinders and preparing ration cards, the petitioner made illegal demands from various card holders.

IV. The petitioner never displa