JAI RANI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Ravi Shankar Tewari, learned counsel for the petitioner, Shri Badrul Hasan, learned Addl. Chief Standing Counsel and perused the record.

(2.) Facts in brief of the present case are that by way of an agreement under Public Distribution System a fair price shop has been allotted to opposite party no.4/Ram Singh, suspended by an order dated 27.6.2009. Subsequently, by an order dated 22.8.2009 his licence to run the fair price shop was cancelled, thereafter, allotted to the petitioner.

(3.) Aggrieved by the order dated 22.8.2009, opposite party no.4 filed an appeal bearing Appeal No.721/847/2009-10 before the appellate authority under order 28 (3) U.P. Schedule Commodities Distribution Order, 2004, allowed by order dated 25.6.2012 passed by Deputy Commissioner, Lucknow thereby restoring the allotment of the fair price shop of opposite party no.4, accordingly, the opposite party no.3 by order dated 16.7.2012 (Annexure No.10) cancelled the licence of fair price shop of the petitioner.