- (1.) The sole ground challenging the appellate order is that Deputy Commissioner has no jurisdiction to decide appeal against an order passed by the Deputy Collector cancelling the fair price agreement of the petitioner. He submit that power is conferred only upon Commissioner and not Deputy Commissioner.
(2.) Learned Standing Counsel disputing aforesaid placed before this Court U. P. Scheduled Commodities Distribution (First Amendment) Order, 2010 published in U. P. Gazette, Extra Ordinary, Part - 4, Division (Kha) dated 2nd July, 2010 page No. 1 - 2, which has made amendment in para 28(1) empowering Deputy Commissioner (Food) and Additional Commissioner also to hear an appeal liable to be heard by Commissioner under the said provision. The amended provision reads as under: HINDI MATTER
(3.) Learned counsel for the petitioner however placed before this Court a judgment dated 21st July, 2011 in Writ Petition No. 50134 of 2009 (Girish Chandra Vs. State of U. P. & Ors. ) to contend that it was held therein that such power of appeal could not have been exercised by Deputy Commissioner.;