Hon'ble Shashi Kant,J.
Heard learned counsel for the parties and perused the record.
By means of present writ petition, the petitioner is challenging the order dated 18th October 2012 passed by respondent no. 2- Sub Divisional Magistrate, Sadar, District Ghazipur by which fair price shop licence has been cancelled on the ground that the petitioner was a resident of village Chochakpur, Block Karanda, Tehsil Sadar, District Ghazipur and was not a resident of village Narayanpur and therefore in view of the Government Order No. 2715 dated 17.08.2002, the petitioner is not entitled to run the fair price shop and the petitioner has shown his father's name as Faujdar Nishad, while correct name of his father is Sukhdev, which is shown in the Khatauni and in the Parivar register.
The learned counsel for the petitioner submitted that the petitioner has been granted licence in the year 1993 on the basis of the resolution dated 16th March 1993 on the ground that no one is ready to take the shop of this village and, therefore, it has been decided on the basis of the then Government Order, dated 3rd July 1990, unanimously to select Sri Radhey Shyam, son of Faujdar Nishad. Since then the petitioner was running the fair price shop. It is is true that on several occasions his licence has been suspended but on the explanation submitted by the petitioner, the licence has been restored by the competent authority.
It is further submitted that the Government Order No. 2715 dated 17.08.2002 is not applicable to the petitioner, as the petitioner had been issued licence in the year 1993 on the basis of the the existing Government Order. So far as the parentage of the petitioner is concerned, it was explained that the petitioner's real father was Sukhdev but he has been adopted by Faujdar Nishad on 05.09.1974 and, therefore, he started writing his father's name as Faujdar Nishad in place of Sukhdev, therefore, the licence has not been rightly cancelled.
We have considered the rival submissions and perused the record.
The petitioner has been granted licence of the Fair Price Shop at village Narayanpur on the basis of the resolution of Gram Sabha, Narayanpur dated 16.03.1993, wherein it has been resolved that no person of the village is ready to take the shop and it was unanimously resolved to select Sri Radhey Shyam resident of Chochakpur, therefore, there was no suppression of fact on the part of the petitioner. The petitioner has been issued licence on the consideration that he was not the resident of village Narayanpur and was a resident of Chochakpur.
We are of the view that the Government Order dated 17th August 2002 cannot be made applicable retrospectively, it only applies prospectively and only applies in a case of settlement of fresh fair price shop in a village. So far as the parentage of the petitioner is concerned, the name of the real father of the petitioner was Sukhdev. The petitioner explained that he has been adopted by Faujdar Nishad on 05.09.1974 and, therefore, he has shown the name of his father as Faujdar Nishad, which is not disputed by any of the authority and, therefore, we do not see any misrepresentation relating to the disclosure of the parentage on the part of the petitioner.
In view of the aforesaid facts and circumstances of the case, we are of the view that the impugned order dated 18.10.2012 is not sustainable and is liable to be set aside.
In the result, the writ petition is allowed and the impugned order dated 18th October 2012 is set aside. The licence of the petitioner is restored.
Order Date :- 12.12.2014 shailesh