- (1.) Petitioner is Gram Panchayat Alipura, Block Gonda, Tehsil Iglas, District Aligarh. By means of the present petition, the petitioner is assailing the order dated 20 August 2015 passed by the second respondent Deputy Commissioner, Khadya Evam Rashad, Agra Division Agra in an appeal being Appeal No.295 of 2006 (Dharam Pal Singh v. State of U.P.) whereby the fair price shop license of the fourth respondent Dharam Pal Singh has been restored setting aside the cancellation order dated 9 September 2015 passed by the third respondent Up Ziladhikari Iglas, District Aligarh.
(2.) A preliminary objection has been raised by the learned Standing Counsel and Sri S.K. Pandey, learned counsel appearing for the fourth respondent 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 (DB)]. The petitioner admittedly is a complainant in the present case, hence would not be an aggrieved person.
(3.) The meaning of the expression 'person aggrieved' will have to be ascertained with reference to the purpose and the provisions of the statute. One of the meanings is that person will be held to be aggrieved by a decision if that decision is materially adverse to him. The restricted meaning of the expression requires denial or deprivation of legal rights. A more legal approach is required in the background of statutes which do not deal with the property rights but deal with professional misconduct and morality. Bar Council of Maharashtra v. M.V.Dabholkar, 1975 2 SCC 702 . Broadly, speaking a party or a person is aggrieved by a decision when, it only operates directly and injuriously upon his personal, pecuniary and proprietary rights Corpus Juris Seundem. Edn. 1, Vol.IV, p.356, as referred in Kalva Sudhakar Reddy v.Mandala Sudhakar Reddy, 2005 AIR(AP) 45 The expression 'person aggrieved' means a person who has suffered a legal grievance i.e a person against whom a decision has been pronounced which has lawfully deprived him of something or wrongfully refused him something. The petitioner is not an aggrieved person by merely filing a complaint. The order of revocation of cancellation of fair price shop license do not affect him in any manner.;