A.P.SAHI,J. - (1.) HEARD Shri G.S. Mishra, learned counsel for the petitioner, Shri Ramesh Rai, learned counsel for the respondent nos. 6 and 7 and the learned standing counsel for the respondent nos. 1 to 5.
(2.) THE writ petition has been preferred questioning the order dated 29.03.2007 passed by the learned Commissioner, whereby while admitting the appeal under Clause 28 of the U.P. Scheduled Commodities Distribution Order, 2004 a stay order has been passed staying the operation of the order dated 14.03.2007 passed by the Sub-Divisional Magistrate. The facts in brief are that the petitioner is a fair price shop dealer of Village Padari, Block Ranipur, Tehsil Mohammadabad, District Mau. The license of the petitioner was suspended on 12th October, 2006 calling upon him to submitted his reply to the said show cause notice. The petitioner submits his reply where after the Sub-Divisional Magistrate concerned passed an order on 14.03.2007 restoring the petitioner's license and allowing him to continue as a fair price shop dealer. Against the said order dated 14.03.2007 an appeal was filed by the Gram Sabha through its Pradhan on the ground that no reasons have been disclosed for accepting the explanation of the petitioner. In the said appeal a preliminary objection was raised on behalf of the petitioner that the appeal would not be maintainable keeping in view the provision of sub-clause 3 of Clause 28 of the U.P. Scheduled Commodities Distribution Order, 2004. The same is quoted herein below for ready reference. "(3) Any agent aggrieved by an order of the competent authority suspending or cancelling agreement of the fair price shop may appeal to the Appellate Authority within thirty days from the date of receipt of the order."
(3.) LEARNED counsel for the petitioner contends that the appeal can only be filed by the aggrieved agent and that the word "agent" is defined under Clause 2(c) of the said order, which is quoted below: "(c) "agent" means a person or a co-operative society or a Corporation of the State Government authorised to run a fair price shop under the provisions of this order;" ;