Anil Kumar, J. - (1.) HEARD Sri M. P. Yadav, learned Counsel for the petitioner and Sri Rakesh Srivastava, learned Standing Counsel on behalf of respondent Nos. 1 and 2.
(2.) THE brief facts as submitted by learned Counsel for the petitioner are that initially by virtue of an agreement fair price shop had been granted in favour of respondent No. 3, Vijay Kumar, Village -Panchayat Bahalolpur, Block Debepur, Tehsil Sadar, District Sultanpur and the petitioner, who is resident of the same village had made a complaint against him and on the basis of the said complaint the license of the respondent No. 3 was suspended and show cause notice was issued by respondent No. 2 by order dated 13.10.2009. Aggrieved by the said order the respondent No. 3 preferred an appeal (Appeal No. 207 -Sultanpur) before the respondent No. 1 and the same was allowed by order dated 21.1.2010 and the same was challenged in the present writ petition. Sri M. P. Yadav, learned Counsel for the petitioner while assailing the said orders submits that as the petitioner is a member of gram panchayat and on the basis of his complaint the proceeding in question has started so he has got a right to challenge the same by way of present writ petition.
(3.) SRI Rakesh Srivastava, learned Standing Counsel, has raised a preliminary objection to the effect that the petitioner has no locus standi to file present writ petition as he is not a person aggrieved by the order dated 21.1.2010 passed by the respondent No. 1. And in this regard he relied upon a Division Bench judgment of this Court in the case of Amin Khan v. State of U.P. and Ors. 2008 (26) LCD 1453.;