contended that petitioner who is subsequent allottee has got no locus to maintain present writ petition, as such writ petition in question is liable to be dismissed on said score as well as on merit also.
With the consent of the parties present writ petition is being heard and is being finally decided.
First question which is to be adverted to is the question of locus. It is admitted position that fair price shop licensee of Sita Ram has been 2 cancelled and thereafter in the vacancy which has occurred petitioner was offered license of said fair price shop in Gram Panchayat Ranipur Vikas Khand Paniyara, District Maharajganj in accordance with law. Direct effect of passing of the order in appeal is that license which has been issued to the petitioner same would automatically stands cancelled, as such to say that petitioner has got no locus to maintain present writ petition cannot be accepted specially when on the basis of order in question, immediate right of the petitioner has been infringed. It is true that continuance of the petitioner is dependent on the outcome of appeal. Once Appellate forum has passed order and on the basis of said order right of the petitioner has been infringed, then incumbent has got locus to maintain present writ petition, in this background present writ petition at the behest of petitioner is maintainable, and the validity of said order will be tested on the parameters of judicial review.
Now coming to the merit of the case, in the present case on 19.03.2008 reasoned order has been passed and appellate authority proceeds to mention that he has perused the written argument and documents from perusal of the same it is apparent that without undertaking any inquiry against the appellant in one day without considering the evidence and without providing opportunity of hearing order has been passed. Order dated 19.03.2008 from page 43 to 47 shows that record have been taken into account, opportunity has been provided and thereafter order has been passed. Once reasoned order has been passed then to set aside the said reasoned order by unreasoned, laconic order by appellate authority cannot be sustained.
Consequently, order dated 09.11.2009 passed by respondent no. 2 is hereby quashed and set aside. Appellate Authority is directed to decide the matter in accordance with law preferably within next eight weeks from the date of presentation of certified copy of this order after affording opportunity of hearing to the parties concerned on the material available on record.
With the above direction present writ petition is allowed. Dated 19.01.2010 Dhruv