Court No. - 45
Case :- WRIT - C No. - 20545 of 2018 Petitioner :- Smt. Prabha Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Prakash Misra,Gireesh Chandra Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The petitioner is aggrieved by order dated 21.2.2018 passed by the Additional Commissioner (Food and Civil Supply),Chitrakoot Dham Mandal Banda in Appeal No. 00296 of 2018 (Jagdish Vs. State of U.P. and others). By the order assailed in the writ petition, the appellate authority has reinstated an erstwhile fair price shop dealer, whose arrayed as respondent no. 4. The appellate authority has found that no resignation letter was submitted by the respondent no. 4. The appellate authority has arrived at the conclusion based on the materials in the record.
The order passed by the appellate authority is a reasoned and speaking order. It is well settled that this Court will not substitute its discretion or judgment over the decision taken by the statutory authority merely because two views are possible. On a perusal of assailed order, I find no perversity, which would call for judicial review.
More importantly, the petitioner does not have the locus standi to challenge the order passed by the appellate authority reinstating the respondent no. 4. The petitioner was never appointed as a fair price shop dealer. The sole basis, on which the claim of the petitioner is found, is a resolution passed by the village panchayat purportedly on 17.2.2018. Admittedly, the resolution was not processed and approved by the competent authority, no appointment letter was issued to the petitioner. The resolution does not provide any justiciable right to the petitioner.
The writ petition is dismissed.
Order Date :- 30.5.2018 Pratima