Court No. - 32
Case :- WRIT - C No. - 13990 of 2021 Petitioner :- Kuldeep Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Singh,Kishan Gautam Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Kishan Gautam, learned counsel for the petitioner and learned Standing Counsel for respondents State.
This writ petition has been filed assailing the order dated 15.02.2021 passed by the Additional Commissioner (Judicial), Kanpur Dehat in appeal filed by respondent no. 4.
It is contended by learned counsel for the petitioner that fair price shop license of respondent no. 4 (Ajay Pal) was cancelled on 09.03.2016. Against the cancellation order, an appeal was preferred by respondent no. 4 before respondent no. 2. The file was marked for Additional Commissioner (Judicial), Kanpur Dehat, who on 15.02.2021 has allowed the appeal. The card holders of fair price shop of respondent no. 4 were attached with petitioner's shop, during the period of cancellation of license. The petitioner after the decision of respondent no. 2 on 15.02.2021 had moved an application that his order may be kept in abeyance and the license of the respondent no. 4 may not be restored.
I have heard learned counsel for the parties and perused the material on record.
As respondent no. 2 had set aside the order of cancellation of license granted in favour of respondent no. 4 and restored license of fair price shop, petitioner does not have any locus to challenge the same and his argument that his appeal is pending against the appellate order dated 15.2.2021 cannot be accepted as no appeal against the order of Commissioner lies before the same authority.
In view of above, the writ petition is devoid of merits and is hereby dismissed.
Order Date :- 27.7.2021 V.S.Singh