KAILASH SINGH Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-9-4
HIGH COURT OF ALLAHABAD
Decided on September 03,2015

KAILASH SINGH Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Suneet Kumar, J. - (1.) THE petitioner is A.P.L card -holder, filed a complaint against the fifth respondent, a fair price shop licensee. The license of fair price shop was cancelled vide order dated 20 May 2015 by the Sub -Divisional Magistrate, Tehsil - Shahganj, district Jaunpur, aggrieved, the fifth respondent preferred an appeal being Appeal No. 69 before the Deputy Commissioner, Varanasi Region, Varanasi, which has been allowed by order dated 14 August 2015. The petitioner is assailing the order dated 14 August 2015.
(2.) LEARNED Standing Counsel and Sri Vivek Kumar Srivastava, learned counsel appearing for the fifth respondent would submit that the writ petition at the behest of the complainant is not maintainable being not an aggrieved person. A preliminary objection has been raised by the learned Standing Counsel regarding the maintainability of the writ petition at the behest of the complainant against the final order passed in appeal. Reliance has been placed on Dharam Raj Versus State of U.P. and others, : 2010 (2) AWC 1878 (LB), Ram Baran Versus State of U.P. and others, : 2010(2) AWC 1947 (LB) and Amin Khan Versus State of U.P. and others,, [2008(4) ADJ 559 (DB)].
(3.) THE petitioner admittedly is a complainant in the present case, hence would not be an aggrieved person.;


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