HEERA LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel for the State and perused the records.

(2.) The respondent no.-4 was allottee of fair price shop of Gram Sabha Merapur. His allotment was cancelled by order dated 14.7.2016 passed by Sub-Divisional Magistrate, Farrukhabad. Against said order of cancellation, appeal no. 286 of 2016 was preferred by respondent no.-4, which was decided by judgment dated 14.9.2016 (Annexure-6 to the writ petition). By this judgment, Additional Commissioner, Kanpur Division, Kanpur had allowed the appeal, quashed the order dated 14.7.2016 and restored his allotment of shop in question. Said order dated 14.9.2016 in appeal has been challenged by the petitioner.

(3.) Learned counsel for the petitioner submitted that petitioner is subsequent allottee of the disputed shop and he was not afforded opportunity of hearing during appeal before passing of the impugned judgment; therefore said impugned order is erroneous and is liable to be set aside.