- (1.) The petitioner Pradhan who is also a complainant is assailing the impugned order dated 08.04.2015 passed by the second respondent, Additional Commissioner (Judicial) Moradabad Division, Moradabad and its consequential order dated 13.04.2015 passed by the third respondent, Sub Divisional Officer, Amroha, whereby, the fair price shop license of the fourth respondent has been restored.
(2.) Submission of learned counsel for the petitioner is that the fourth respondent is not a resident of the village but is residing at Moradabad, hence is not eligible for license. The appellate authority has noted in order that the fourth respondent is residing in the village but his children are studying in Moradabad.
(3.) A preliminary objection has been raised by the learned Standing Counsel regarding the maintainability of the 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.;