- (1.) The petitioner is a complainant, assailing the order dated 21 July 2015 passed by second respondent Upper Commissioner (Administration), Moradabad Region, Moradabad in Appeal No. C20141000001427 under Section 28(3) of the U.P. Essential Commodities Act, 1955, restoring the fair price shop license of the fourth respondent by rejecting the order passed by the Sub Divisional Magistrate, Shahbad, District Rampur.
(2.) A preliminary objection has been raised by the learned Standing Counsel regarding the maintainability of the writ petition at the behest of the petitioner.
(3.) Learned Standing Counsel appearing for the State-respondents would submit that the petition at the behest of the complainant is not maintainable 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 .;