- (1.) This writ petition has been filed with following prayers: (i) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.10.2016 passed by respondent no. 2. (ii) To issue a writ, order of direction in the nature of mandamus commanding and direct to the respondent authority not to allot the dealership of the fair price shop to respondent no. 5. (iii) To issue any such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iv) To award to the petitioner with the costs of this writ petition.
(2.) From perusal of records, it is found that present petitioners have filed a complaint against respondent no. 5 Moolak Raj, the agreement holder of fair price shop in question, on which the matter was inquired during which statement of several persons were recorded. Thereafter show cause notice dated 29.9.2016 was issued by respondent no. 3 (SDM) to respondent no. 5 showing cause as to why his agreement of fair price shop should not be cancelled. Then after accepting explanation of respondent no. 5 and affording opportunity of hearing, respondent no. 3 had passed order dated 25.5.2016 by which agreement of fair price shop of respondent no. 5 was cancelled. Against said order dated 25.5.2016, respondent no. 5 had preferred Appeal No. 26 of 2015-16 that was heard on merit and thereafter it was allowed by the judgment dated 25.10.2016 of respondent no. 2 (Joint Commissioner, Meerut Region, Meerut. By this order, the impugned order dated 25.5.2016 passed by SDM was cancelled. Against said judgment dated 25.10.2016 of respondent no. 2, this writ petition has been preferred.
(3.) Counsel for the petitioner submitted that in appeal the respondent no. 2 had not considered the finding of facts given by respondent no. 3 and passed impugned order which is erroneous. He further submitted that in aforesaid appeal, petitioner was not made party because of the fact that on this complaint proceedings were initiated. He further relied on judgement dated 7.2.2014 passed by Division Bench of this Court in Writ-C No. 7712 of 2014, Potan Vs. State of U.P. and others.;