Ran Vijai Singh, J. - (1.) Heard Shri S.K.Chaubey along with Shri K.K.Tiwari, learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 to 3 and Shri O.N. Rai and Shri D.K. Jaiswsal, learned counsel for the respondent no.4.
(2.) Through this writ petition, the petitioner has prayed to issue a writ of certiorari quashing the order dated 5.7.2016 (Annexure No.5 to the writ petition) passed by the Sub Divisional Officer, Padrauna, District Kushi Nagar, (the respondent No.3), by which one Shri Om Prakash Chaudhary, (the respondent No.4) has been appointed as a fair price shop agent of Village Panchayat Purnaha Mishra.
(3.) Learned counsel for the petitioner submits that the petitioner was appointed as a fair price shop agent of village Purnaha Mishra and is functioning as such. In his submission without cancelling her agreement to run fair price shop (in short 'shop'), the allotment of the shop in favour of respondent No.4 is patently illegal and arbitrary because the petitioner is a resident of village Purnaha Mishra and not of village Kinnnar Patti as have been understood.;