SHYAMAWATI Vs. COMMISSIONER AGRA DIVISION AGRA

JUDGEMENT

(1.) SUDHIR Agarwal, J. Heard Shri A. K. Gupta, learned Counsel for the petitioner.

(2.) THE writ petition is directed against the order dated 21st February, 2007 passed by the Dy. Collector, Atrauli, District- Aligarh restoring the fair price licence of respondent No. 3 and directing that the agreement executed in favour of the petitioner shall remain inoperative.

(3.) HOWEVER, I do not find any force in the aforesaid submission. The petitioner admittedly was granted fair price shop dealership as a result of cancellation of licence of the respondent No. 3. The respondent No. 3 has right to challenge his cancellation order, and in those proceedings, the petitioner can neither be said to be a proper or necessary party at any stage. On the contrary, the petitioner's rights having been created during the pendency of the appeal preferred by the respondent No. 3 were evidently subject to the result of those proceedings and shall abide by the result thereof.