Attau Rahman Masoodi, J. - (1.) Heard Sri I.M. Pandey - I, learned Counsel for the petitioner, Sri Manish Mishra, learned Standing Counsel who has put in appearance on behalf of respondent nos. 1 to 4 and Sri Azad Khan, learned Counsel who has accepted notice on behalf of respondent no.5.
(2.) The fair price shop allotted to the petitioner was cancelled on the ground that his son had been elected as Gram Pradhan, therefore, by virtue of the definition of family as contained in the Government Order dated 03.07.1990 made applicable by a subsequent Government Order dated 18.07.2002, the petitioner became dis entitled to be continued as fair price shop dealer. This ground was specifically assigned while passing the order of cancellation of fair price shop on 28.07.2016.
(3.) The order passed by the competent authority was challenged before the appellate authority and the appeal so filed was allowed by order dated 09.09.2016 on the ground that opportunity was not granted before passing the said order. The validity of the order passed by the appellate authority was questioned by the complainant before this Court in Writ Petition No. 23298 (M/S) of 2016 and the same was allowed by a detailed judgement rendered on 27.09.2016. This Court while adjudicating upon the validity of order passed by the appellate authority has categorically opined that a gross error of law apparent on the face of record is open to be set right and this Court will not shut its eyes simply on the ground that the complainant has no locus standi to challenge the appellate order.;