VIJAY KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S.M. Iqbal Hasan, learned counsel for the petitioner in Writ C No.1220 of 2022, Sri Rishi Kant Rai, learned counsel holding brief of Sri Jai Singh Yadav in Writ C No.617 of 2022, Sri Arun Kumar Pandey, learned counsel for the Gaon Sabha and learned Standing Counsel for the State-respondents.

(2.) In short, earlier, a proposal was claimed to have been made in favour of Arshad Ali (the petitioner in Writ C No.1220 of 2022) to run a fair price shop at village Badaun Darwaja, Kabir Ki Sarai, District-Sambhal. It was cancelled by the order of the SDM dtd. 1/11/2018. That became subject matter of appeal in Appeal No.315 of 2019 (Arshad Ali Vs. State of U.P. and Others). While the aforesaid appeal was pending, a second resolution was passed in favour of Vijay Kumar (the petitioner in Writ C No.617 of 2022) dtd. 2/9/2019. Apparently an agreement was also executed in his favour. Later, the appellate authority set aside the order dtd. 1/11/2018 cancelling the earlier resolution in favour of Arshad Ali. That order became subject matter of challenge in Writ C No.38025 of 2019, Vijay Kumar Vs State of U.P. and 3 Others. It was allowed by order dtd. 19/12/2019 and the matter was remitted to the appellate authority to pass a fresh order after hearing the said Vijay Kumar, as well.

(3.) The impugned order dtd. 17/11/2021 passed by the appellate authority in Appeal No.171 of 2020 (Arshad Ali Vs State of U.P. and Others) is the order passed by the appellate authority while giving effect to the order dtd. 19/12/2019, passed by this Court in Writ C No.38025 of 2019.