- (1.) S. N. Srivastava, J. By this writ petition order dated 3rd May, 2006, passed by the Additional Commissioner, Gorakhpur Division, Gorakhpur allowing the Appeal of Sadhan Sahkari Samiti Limited, Kauri Ram, District Gorakhpur and by the connected Writ Petition No. 31223 of 2006 the order dated 17-5-2006, passed by the Additional Commissioner, Gorakhpur Division, Gorakhpur allowing the Recall Application setting aside the earlier order passed on Appeal and directing the matter to be heard and decided on merits are impugned.
(2.) HEARD learned Counsel for the parties. It was urged by learned Counsel for the petitioner-Shesh Nath in Writ Petition No. 26859 of 2006 that no Appeal lies against an order appointing two persons as licensees to distribute essential commodities through fair price shop bifurcating one shop. In this regard Sri V. K. Singh, learned Counsel for Gaon Sabha produced before me a Government Order by which Government Order dated 3rd July, 1990 was made operative.
(3.) FROM perusal of Paragraph-11 of the Government Order dated 3rd July, 1990, it is clear that against an order passed by the District Magistrate relating to appointment/suspension/cancellation/renewal of licence, an Appeal lies to the Commissioner. On consideration of the materials on record and after hearing learned Counsel for the parties, I am of the view that an Appeal lies against the order appointing Shesh Nath as licensee of fair price shop to distribute essential commodities under the agreement in pursuance to the Government Order dated 3rd July, 1990. This question is decided accordingly.;