GAJENDRA SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Certain complaints were made against the respondent No.4-fair price shop dealer of village panchayat-Iqlauta, District-Meerut alleging malpractices in distribution of essential commodities on 26.02.2016. An enquiry was caused to be conducted on the aforesaid complaints. The enquiry report indicted the fair price shop dealer on certain charges which led to the termination of his fair price shop licence. The fair price shop licence of the respondent No.4 was cancelled on 19.05.2016 by the respondent No.4. The respondent No.4 took the order of cancellation in appeal. The appeal was registered as Appeal No.18 of 2015-16 before the Joint Commissioner (Food), Meerut Region, Meerut. The appeal of the respondent No.4 was partly allowed by the appellate authority by order dated 25.10.2016. On 25.10.2016. The respondent No.2 remanded the matter. Pursuant to the remand, the respondent No.2 by order dated 12.04.2018 recalled the order of termination and restored the dealership of the respondent No.4.

(2.) The petitioner is aggrieved by the order dated 104.2018 passed by the respondent No.2 cancelling the termination of the licence of the respondent No.4 and restoring his fair price shop dealership. The petitioner claims to be a complainant and a ration cardholder.

(3.) Sri Siddharth Singh, learned Additional Chief Standing Counsel assisted by Sri Sanjay Ram Tripathi, learned standing counsel for the respondent-State contested the locus standi of the petitioner to maintain the writ petition. He relied on judgements handed down by this Court in the case of Ashfaq Vs. State of U.P. and others, reported at 2008(4) ADJ 416 and in the case of Sriram Prasad and another Vs. State of U.P. and others, reported at 2016 (6) ADJ 122 and in the case of Dharam Raj Vs. State of U.P. and others, reported at 2010 (2) AWC 1878 (LB).