ANJANI KUMAR, J. - (1.) HEARD learned counsel appearing on behalf of the petitioner and the learned Standing Counsel representing the respondents. The petitioner is a licensee/allottee of the fair price shop for the purposes of distribution of items reserved under the Public Distribution System. His allotment of shop has been cancelled by the resolution of the Gaon Sabha dated 17th September, 1995, which has been affirmed by the Sub -Divisional Officer, Bilthara Road, District Ballia by his order dated 26th September, 1995. This order of Sub -Divisional Officer has been passed after giving show cause notice to the petitioner. Against the order dated 26th September, 1995, the petitioner preferred an appeal before the Commissioner, Azamgarh Division, Azamgarh. The Commissioner, Azamgarh Division, Azamgarh by his order dated 2nd January, 1998 dismissed the appeal filed by the petitioner. After dismissing the said appeal the grounds sought were that the appeal is barred by time and consequent on merits the petitioner has not pleaded the case. Learned counsel for the petitioner has stated that against two orders which have resulted into cancellation of the petitioner's shop are illegal and have been passed in contravention of principles of natural justice, inasmuch as the explanation submitted by the petitioner has not been considered by the respondents.
(2.) THE Government Order dated 3rd July, 1990 provides that the licence if not earlier terminated, shall automatically come to an end on 31st of December of that particular year. In this view of the matter, since the petitioner's licence has not been renewed beyond the year in which the licence has been cancelled, the petitioner cannot claim renewal as of right. In this view of the matter, this writ petition has become infructuous and deserves to be dismissed. There is yet another reason. The petitioner filed writ petition before this Court and this Court passed an order directing the licensing authority to decide the matter in accordance with the guidelines. The licensing authority has decided the matter. Thereafter petitioner preferred an appeal before the appellate authority. The said appeal was barred by time. The appellate authority has refused to condone the delay on the ground that in between the period the shop in question has already been allotted to somebody else and the same cannot now be allotted to the petitioner and therefore the delay cannot be condoned. In this view of the matter the appeal was dismissed. This Court in Full Bench decision of this Court reported in 1992 (2) E.F.R. page 655, U.P. Sasta Galla Vikreta Parishad, Allahabadv. State of U.P. and others,[passed in writ petition No. 7237 of 1992 on 29 -9 -1992], had held that the writ petition against the cancellation/suspension or revocation of the fair price shop is not maintainable before this Court.
(3.) FOR the aforesaid reasons, this writ petition deserves to be dismissed and is hereby dismissed. The interim order, if any, stands vacated. However, the parties shall bear their own cots. Petition dismissed.;