- (1.) Heard learned counsel for the petitioner and Shri Shri Krishna Shukla, learned counsel for the fifth respondent and the learned Standing Counsel for the State.
(2.) Petitioner is complainant, on his complaint, fair price shop license of the fifth respondent was cancelled by the third respondent, Sub Divisional Magistrate, Badlapur, District Jaunpur by order dated 22 December 2014. Aggrieved, the fifth respondent preferred an appeal before the second respondent, Deputy Commissioner (Food), Varanasi Region, Varanasi which has been allowed by the impugned order dated 24 June 2015 restoring the fair price shop license of the fifth respondent, setting aside the order of cancellation.
(3.) Submission of the learned counsel for the petitioner is that on the basis of the reservation policy the fifth respondent who belongs to the backward class is not entitled for allotment of fair price shop, petitioner belongs to scheduled caste category is entitled to allotment as the village already has an allottee under the other backward class.;