DURVIN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Complaints were made by the petitioner against the respondent No.4-fair price shop dealer of village Nagla Bhagat, Tehsil and District Etah, alleging malpractices in distribution of essential commodities on various dates. An enquiry was caused to be conducted into the aforesaid complaints. The enquiry report indicted the fair price shop dealer on certain charges, which led to the termination of his fair price shop licence. The fair price shop licence of the respondent No.4 was cancelled by order dtd. 24/7/2020. The fair price shop dealer took the order of cancellation in appeal before the appellate authority. The Deputy Commissioner (Food and Civil Supplies), Aligarh Division, Aligarh by order dtd. 8/3/2021 passed in Appeal No. 00354 of 2020 (Computerized Case No. C202018000000354(Anar Singh Vs. State of U.P. and others) has reversed the order of termination dtd. 24/7/2020 and reinstated the respondent no. 4 as the fair price shop dealer.

(2.) The petitioner is aggrieved by the order dtd. 8/3/2021 passed by the Deputy Commissioner (Food and Civil Supplies), Aligarh Division, Aligarh in the aforesaid appeal. The petitioner is the complainant.

(3.) Learned Standing Counsel for the respondent-State contested the locus standi of the petitioner to maintain the writ petition. He relied on judgements handed down by this Court in the case of Ashfaq Vs. State of U.P. and others, reported at 2008(4) ADJ 416 and in the case of Sriram Prasad and another Vs. State of U.P. and others, reported at 2016 (6) ADJ 122 and in the case of Dharam Raj Vs. State of U.P. and others, reported at 2010 (2) AWC 1878 (LB) and Gram Vikash Sewa Samiti Vs. State of U.P. and Others passed in Writ C No. 19941 of 2018 and Nazuk Vs. State of U.P. and others, reported at 2019 (12) ADJ 832. The writ petition is not maintainable. Various provisions of the National Food Security Act, 2013 are also relied upon.