NAVAL KISHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed with following prayers:

(2.) From perusal of records, it is found that present petitioners have filed a complaint against respondent no. 5 Moolak Raj, the agreement holder of fair price shop in question, on which the matter was inquired during which statement of several persons were recorded. Thereafter show cause notice dated 29.9.2016 was issued by respondent no. 3 (SDM) to respondent no. 5 showing cause as to why his agreement of fair price shop should not be cancelled. Then after accepting explanation of respondent no. 5 and affording opportunity of hearing, respondent no. 3 had passed order dated 25.5.2016 by which agreement of fair price shop of respondent no. 5 was cancelled. Against said order dated 25.5.2016, respondent no. 5 had preferred Appeal No. 26 of 2015-16 that was heard on merit and thereafter it was allowed by the judgment dated 25.10.2016 of respondent no. 2 (Joint Commissioner, Meerut Region, Meerut. By this order, the impugned order dated 25.5.2016 passed by SDM was cancelled. Against said judgment dated 25.10.2016 of respondent no. 2, this writ petition has been preferred.

(3.) Counsel for the petitioner submitted that in appeal the respondent no. 2 had not considered the finding of facts given by respondent no. 3 and passed impugned order which is erroneous. He further submitted that in aforesaid appeal, petitioner was not made party because of the fact that on this complaint proceedings were initiated. He further relied on judgement dated 7.2.2014 passed by Division Bench of this Court in Writ-C No. 7712 of 2014, Potan Vs. State of U.P. and others.