VIJAI SINGH,J. - (1.) Heard Sri H.P.Singh, learned counsel for the petitioner and learned Standing Counsel appearing for the State -respondents. Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 8.8.2014 passed by the Additional Commissioner, (Judicial) Chitrakoot Dham Division, Banda in Appeal No. 15/2/2013 -14 (Brijnarain vs. Anant Ram and others) by which the Additional Commissioner has allowed the appeal with the direction to reconsider the allotment after fresh advertisement in accordance with law in the open meeting. While doing so he has directed to attach the shop of the petitioner with another fair price shop for distribution of schedule commodities. The facts giving rise to the present case, in brief, are that the petitioner was appointed as fair price shop agent of Village Bakrai, Tehsil Rath, district Hamirpur pursuant to the advertisement made in Dainik Sahara dated 9.12.2011 under the handicapped quota by the Committee in the chairmanship of the Sub Divisional Officer vide order dated 23.12.2011. Thereafter the Sub Divisional Officer, Rath, Hamirpur vide order dated 28.12.2011 had permitted the petitioner to lift the quota of the scheduled commodities. The aforesaid order was made subject matter of Appeal No. 15/2/2013 -14 filed by Sri Brij Narain son of Sri Dhani Ram resident of village Bakrai, who claimed that he had been wrongly non suited and the appointment of the petitioner under handicapped quota was made on the basis of forged certificate issued by the Chief Medical Officer. This appeal was allowed by the impugned order.
(2.) While assailing the impugned order, learned counsel for the petitioner has made the following submissions; (i) Without challenging the initial appointment of the petitioner as fair price shop agent dated 23.12.2011 no relief could be granted to the petitioner as the order dated 28.12.2011, against which, appeal was filed was a consequential order; (ii) the appeal was filed on 28.12.2012 and not 28.12.2011 which in the submission of the learned counsel for the petitioner was barred by time. In this regard the petitioner has brought on record the copy of the order sheet of the aforesaid appeal; (iii) No appeal lies against the order dated 28.12.2011, permitting the fair price shop agent to lift the quota, under Order 28 of the U.P.Scheduled Commodities Distribution Order, 2004 (in short the Order, 2004).
(1.) Counter affidavit to the writ petition has been filed by the learned standing counsel to which rejoinder affidavit has been filed by the petitioner. However, no counter affidavit has been filed by Sri Rajesh Kumar who has put in appearance on behalf of respondent no.5. Sri Rajesh Kumar is not present before the Court today. With the consent of the learned counsel for the representing parties the writ petition is taken up for final disposal. It is not in dispute that on the failure of appointment of fair price shop agent in the open meeting of the Gaon Sabha, on 24.11.2011, the Sub Divisional Officer took a decision to appoint the fair price agent of Village Bakrai by the Committee constituted in his chairmanship. Pursuant thereto an advertisement was made on 9.12.2011 in Dainik Sahara in which 17.12.2011 was the last date for submission of the applications.;