- (1.) The petitioner is a complainant, on his complaint, the license of the fourth respondent was cancelled by the Sub Divisional Magistrate, Moradabad on 14 July 2014. Aggrieved, the fourth respondent preferred an appeal being Appeal No.C20141300001062 before the Commissioner (Food), Moradabad Division, Moradabad which has been allowed by the impugned order dated 19 December 2014. The petitioner is assailing the appellate order restoring the fair price shop license of the fourth respondent.
(2.) 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, Ram Baran Versus State of U.P. and others, 2010 2 AWC 1947 and Amin Khan Versus State of U.P. and others, 2008 4 ADJ 559].
(3.) The petitioner admittedly is a complainant in the present case, hence would not be an aggrieved person.;