Surya Prakash Kesarwani, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the State-respondents.
(2.) The petitioner no.1 is the village pradhan who has filed this writ petition challenging the order dated 28.11.2016 in Appeal No.553 of 2016 passed by the Joint Commissioner, Allahabad Division, Allahabad allowing the appeal of one Seema Devi who was earlier fair price shop agent and whose agreement was cancelled by the S.D.O. Sadar, Allahabad by order dated 18.04.2016. The petitioner no.2, who is the subsequent allottee whose allotment was made because of cancellation of fair price shop agreement of the aforesaid Seema Devi.
(3.) The writ petition at the instance of the petitioner no.1 is not maintainable since it has not been filed by the counsel as provided under Section 73 of the U.P. Revenue Code, 2006. So far as the opposition made by the petitioner no.2 to the restoration of fair price shop agreement of Smt. Seema Devi as a consequence of the Appellate order dated 28.11.2016 is concerned, the controversy is covered by the judgment in the case of Shyamawati v. Commissioner, Agra and others [2007 (5) ADJ 233] in which it has been held that subsequent allottee has no right to hold license, if appeal of earlier licensee has been allowed.;