V.K. Shukla, J. - (1.) PRESENT writ petition has been filed by the petitioner questioning the validity of the decision dated 28.10.2010 passed by the Commissioner, Gorakhpur Division, Gorakhpur in appeal preferred by Adalat, respondent No. 5. against the order of cancellation of his fair price shop agency dated 11.8.2006 passed by the Licensing Authority proceeding to allow the said appeal by restoring back his fair price shop agency.
(2.) BRIEF background of the case is that at village Ahirauli Kusumhi, Gram Sabha Adrauna Vikas Khand Ramkola, Tehsil Hata, District Kushinagar, Adalat son of Noor Mohd, respondent No. 5 has been fair price shop licensee. Petitioner claims that he is card holder of village Ahirauli Kusumhi, Gram Sabha Adrauna Vikas Khand Ramkola, Tehsil Hata, District Kushinagar and further contention has been that Adalat in the matter of the distribution of essential commodities has been indulging himself in various serious irregularities and in such a situation on complaint being made, fair price shop of Adalat, respondent No. 5 was suspended on 13.4.2006. While passing order of suspension, Adalat was also asked to submit his reply to the irregularities mentioned. Adalat submitted his reply and Licensing authority on 11.8.2006 cancelling agreement of fair price shop agency of Adalat. Aggrieved against the same, Adalat preferred appeal and said appeal was dismissed on 8.1.2007. Against the said order, Adalat preferred Civil Misc. Writ Petition No. 3644 of 2007 before this court and said writ petition was allowed on 20.8.2009 and appeal was directed to be re decided. Thereafter, appeal has been taken up and decided and order of cancellation passed by the Licensing Authority has been set aside. At this juncture present writ petition has been filed. Supplementary affidavit has also been filed and thereafter matter has been taken up for hearing/disposal with the consent of the parties on the question of maintainability of writ petition , at the behest of petitioner, as preliminary objection has been raised on the said score.
(3.) SRI . Kamal Kumar Singh, Advocate, representing respondent No. 5 Adalat raised preliminary objection in regard to the maintainability of the writ petition at the behest of the petitioner by contending that none of the legal right of the petitioner has been infringed and petitioner is not person aggrieved and in such a situation, writ petition is liable to be dismissed on this score.;