- (1.) HEARD Sri Durga Charan Mukerjee and Sri Mohan Singh, for the petitioner and Sri Vivek Raj Singh, for contesting respondent -2.
(2.) THE writ petition has been filed against the order of Additional Commissioner, dated 28.05.2012, admitting the appeal of Adik Ram Verma against order of Sub -Divisional Officer dated 26.03.2012, canceling the licence of Fair Price Shop, under U.P. Schedule Commodities Distribution Order, 2004 and for mandamus restraining respondent -1 from proceeding in the appeal.
(3.) THE petitioner was granted licence to run Fair Price Shop in village Naubra, block Jhanjhari, district Gonda, in the year 1990. Sub -Divisional Officer canceled the licence of the petitioner by order dated 26.04.2008. The petitioner filed an appeal on 05.05.2008 from the aforesaid order, which was dismissed by order dated 30.07.2008. The petitioner filed Writ Petition No. 5282 (MS) of 2011, against the aforesaid orders, which was allowed by this Court on 05.05.2011 and the orders of Sub -Divisional Officer and Additional Commissioner were set aside. The petitioner filed an application before Sub -Divisional Officer for compliance of the order of this Court dated 05.05.2011. Sub -Divisional Officer, by order dated 26.03.2012, restored the licence of the petitioner and consequently canceled the licence of respondent -2. After order dated 26.04.2008, Sub -Divisional Officer wrote a letter to Pradhan on 02.05.2008 for filling up the vacancy. In the meantime, by Government Order dated 10.02.2007, reservation in favour of schedule caste, scheduled tribes and other backward classes, etc. were applied for filling up the vacancies. Gram Panchayat passed resolution dated 09.05.2008, recommending for allotment of the shop of village to Adik Ram Verma in place of the petitioner, who belongs to 'other backward classes'. Sub -Divisional Officer by order dated 21.05.2008 allotted the shop to Adik Ram Verma (respondent -2). Sub -Divisional Officer, when restored the licence of the petitioner, by order dated 26.03.2012, canceled the licence of respondent -2. Respondent -2 filed an appeal against the aforesaid order on 30.03.2012. The petitioner filed an objection before Additional Commissioner, regarding maintainability of the appeal, on 09.04.2012. Thereafter the petitioner filed Writ Petition No. 2613 (MS) of 2012 for mandamus directing Additional Commissioner to decide the objection of the petitioner, before hearing the appeal on merit, which was disposed of by order dated 11.05.2012, directing Additional Commissioner to decide the objection of the petitioner, which was rejected by Additional Commissioner by order dated 28.05.2012. Hence this writ petition was filed.;