SANGEETA CHANDRA,J. - (1.) This writ petition has been filed by the petitioner challenging the order dated 23.10.2017 passed by the Sub Divisional Magistrate, Etwa, District Siddharth Nagar with a further prayer for issuance of a Mandamus commanding the respondents to permit the petitioner to lift and distribute the essential commodities to the respective card holders of Village Panchayat Rohnibhari, Block Bhanwapur, Tehsil Etwa, District Siddharth Nagar.
(2.) It has been submitted by the learned counsel for the petitioner that initially the fair price shop licence of village Rohanibhari was allotted to Shri Ram Naresh, Respondent No. 5 herein. The shop of Shri Ram Naresh was cancelled by the Licensing Authority on 13.06.2016. Earlier, the Gram Panchayat Kanbhari has two Maujas - Shital Bhita and Kurthi Deeha and Gram Panchayat Rohanibhari was separate. In delimitation of Village Panchayats undertaken by the government in 2015, the two Maujas Shital Bhita and Kurthi Deeha were merged in village Panchayat Rohanibhari and for village Rohanibhari after cancellation of shop of Shri Ram Naresh, the petitioner Fula Wati wife of Asharfi was allotted the fair price shop.
(3.) Ram Naresh filed an appeal against the order of cancellation and the Appellate Authority while setting aside the order of cancellation in Appeal No. 20151700324 of 2016 directed the SDM to give fresh opportunity of hearing to the erstwhile licensee Ram Naresh and pass afresh order after due inquiry and also observed that till further order was passed, the suspension order dated 18.03.2016 would remain in operation. It has been contended by the counsel for the petitioner that the inquiry against Shri Ram Naresh has not yet been completed and the suspension order is subsisting in view of the order passed by the Appellate Authority and yet the fair price shop licence of the petitioner has been cancelled and licence has been granted to Shri Ram Naresh again.;