ARUN TANDON,J. - (1.) HEARD Sri S.D. Dubey, Advocate on behalf of petitioner and learned Standing Counsel on behalf of the respondent Nos. 1 to 3.
(2.) DESPITE stop order being passed, no counter -affidavit has been filed on behalf of the respondents till date. The petitioner, Ganeshi Lal was appointed as Fair Price Shop Agent in respect of shop of village Hamirpur, Block Saidnagar, Tehsil Sadar, District Rampur. The appointment of the petitioner, as such, was cancelled under order of the Sub -Divisional Magistrate, Sadar, Rampur dated 7th October, 2002. Feeling aggrieved by the aforesaid order of the Sub -Divisional Magistrate, the petitioner preferred an appeal before the Commissioner, Moradabad Division, Moradabad in accordance with the Government Order applicable. The said appeal was registered as Appeal No. 10/2002 -03. The appeal so preferred by the petitioner, was dismissed by the Commissioner, Moradabad Division, Moradabad vide order dated 6th August, 2003 and it was held that the appeal preferred by the petitioner was not maintainable in view of quashing the Government Orders dated 3rd July, 1990 and dated 13th January, 2000 by the Hon'ble High Court. Feeling aggrieved by the aforesaid order of the Commissioner, the petitioner filed a writ petition being Civil Misc. Writ Petition No. 45071 of 2003 Ganeshi Lal v. State of U.P. and Ors. In the said writ petition the petitioner was granted an interim order by this Court vide order dated 1st October, 2003. However, in paragraph -11 of the writ petition it is stated that the said writ petition filed by the petitioner was ultimately dismissed by the Hon'ble Single Judge (Hon'ble Anjani Kumar, J.) of this Court vide judgment and order dated 1st March, 2004 alongwith other connected writ petitions and it was held that the writ petition is not maintainable. It is further submitted that against the said judgment and order of the learned Single Judge, Special Appeal No. 323 of 2004 has been filed, which is still pending and the matter has been referred to the larger Bench of this Court. However, the petitioner approached the Commissioner, Moradabad Division, Moradabad by means of another appeal, which was registered as Appeal No. 121 of 2004 -05 against the earlier order of the Sub -Divisional Magistrate, Sadar, Rampur dated 7th October, 2002. The Additional Commissioner (Food), Moradabad Division, Moradabad by means of the order dated 2nd March, 2005 dismissed the appeal so preferred by the petitioner. Against the earlier order of the Sub -Divisional Magistrate dated 7th October, 2002 as well as against the order of the Additional Commissioner dated 2nd March, 2005 the petitioner has now filed the present writ petition.
(3.) THE Court is satisfied that the proceedings initiated by the petitioner before the Commissioner by means of an appeal for the second time being Appeal No. 121 of 2004 -05 as well as the present writ petition is an abuse of process of the Court and it is an effort to interfere with the administration of justice. The earlier appeal of the petitioner against the same order of the Sub -Divisional Magistrate, Sadar, Rampur dated 7th October, 2002, was dismissed by the Commissioner, he approached this Court by means of Civil Misc. Writ Petition No. 45071 of 2003, wherein he succeeded to grant an interim order. However, the said writ petition filed by the petitioner was ultimately dismissed.;