(1.) Heard Sri Vishal Tandon learned counsel for the petitioner, Ms. Archana Tyagi learned Additional Chief Standing Counsel for the State respondents and Sri Pankaj Kumar Gupta learned counsel for the Gaon Sabha.
(2.) Present writ petition has been filed against the order dtd. 28/12/2021 passed by the Additional Commissioner (Judicial) Aligarh Division, Aligarh. whereby the said authority has allowed Appeal No. 00288 of 2021 (Sarvesh Vs. State of U.P.). It has set aside the order dtd. 25/1/2021, passed by the SDM, Jalesar and restored the fair price shop agreement of respondent No.4.
(3.) At the outset, a preliminary objection has been raised by learned Additional Chief Standing Counsel and learned counsel for the Gaon Sabha, to the maintainability of the present petition. It has been thus submitted; the petitioner was the complainant before the licensing authority; acting on his complaint, proceedings were initiated by the competent authority against the original fair price shop agent - Sarvesh/respondent No.4; thereafter, the fair price shop agreement of the said respondent was cancelled on 25/1/2021; the said respondent preferred Second Appeal No. 00288 of 2021; it has been allowed. Therefore, the petitioner - who was merely the complainant, has no locus to maintain the present writ petition.
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