Surya Prakash Kesarwani, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents and with their consent this writ petition is being finally heard without calling for a counter affidavit.
(2.) Briefly stated facts of the present case are that by ex-parte order dated 31.07.2014 the fair price shop of the petitioner of Mohalla Bahadurganj, Tehsil Tilhar, District Shahjahanpur was cancelled merely on the ground that first information report under Section 3/7 of Essential Commodities Act, 1955 has been lodged against the petitioner. Against the aforesaid order, the petitioner filed Appeal No. 12 of 2014 which was disposed of by the Deputy Commissioner (Food), Bareilly Division, Bareilly vide order dated 28.08.2015. The aforesaid appellate authority had set aside the order of cancellation dated 31.07.2014 and directed the respondent no. 4 to obtain explanation of the petitioner and take appropriate decision. The appellate order further provides that till the decision is taken the agreement of the petitioner shall remain suspended. The petitioner submitted his explanation before the respondent no. 4 and requested him to pass appropriate order as directed by appellate authority. However, respondent no. 4 passed the order dated 14.12.2016 on the basis of opinion of the D.G.C. (Civil) that since the FIR was lodged by the administration and though final report has been submitted by the police, yet till disposal of the final report the fair price shop agreement of the petitioner may not be restored. On the basis of the opinion of the D.G.C. (Civil) the respondent no. 4 passed the aforesaid order dated 14.12.2016 observing that a decision shall be taken in the matter of the fair price shop of the petitioner only after the final report is accepted by the competent court.
(3.) Aggrieved with the aforesaid orders dated 14.12.2016 and 28.08.2015 the petitioner has filed the present writ petition.;