MR. ASARAF ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri B.M.Singh, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Subhash Chandra Yadav, learned counsel appearing for the respondent no. 5.

(2.) Through this writ petition, prayer has been made to issue a writ of certiorari quashing the order dated 29.1.2016 passed by the Deputy Commissioner Food Varanasi Division Varanasi in Appeal No. 60 of 2012 (Om Prakash Vs. State of U.P.) by which the appeal filed by the respondent no. 5 against the order dated 5.12.2011 cancelling the agreement to run fair price shop of the respondent no. 5 has been allowed and the order dated 5.12.2011 has been set aside.

(3.) While assailing the impugned order, learned counsel for the petitioner submits that against the order dated 5.12.2011, the respondent no. 5 had filed the aforesaid appeal, which was dismissed on 12.7.2013. Aggrieved by the order dated 12.7.2013,the respondent no. 5, herein, had filed Writ -C No. 47301 of 2013 (Om Prakash Vs. State of U.P. and others). The said writ petition was entertained and the counter affidavit has been called for. Pending that writ petition, an application has been filed by the respondent no. 5 seeking withdrawal of the writ petition on 27.1.2016. Pending withdrawal application, the respondent no. 5 herein has filed an application seeking recall of the order dated 12.7.2013 on 22.1.2016. The said application has been allowed by the impugned order dated 29.1.2016.