ARVIND Vs. STATE OF U.P.

JUDGEMENT

(1.) Complaints were made by the petitioners against the respondent No. 5-fair price shop dealer of village panchayat Chandankati Chuha, Tehsil Chandausi, District-Sambhal alleging malpractices in distribution of essential commodities on various dates. An enquiry was caused to be conducted into 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. 5 was cancelled by order dated 30.3.2019. The fair price shop dealer took the order of cancellation in appeal before the Appellate Authority. The Commissioner, Moradabad Division, Moradabad has passed an interim order dated 16.5.2019 in favour of the respondent No. 5 in the Appeal No. 00697/2019, Computerized Case No. C201918000000697 (Rama Shankar v. State of U.P.).

(2.) The petitioners are aggrieved by the order dated 16.5.2019 passed by the Commissioner, Moradabad Division, Moradabad in the aforesaid appeal. The petitioners claim to be complainants and ration card-holders.

(3.) Learned Standing Counsel for the respondent-State contested the locus standi of the petitioners to maintain the writ petition. He relied on judgments handed down by this Court in the case of Ashfaq v. State of U.P. and others 2008(4) ADJ 416, and in the case of Sriram Prasad and another v. State of U.P. and others 2016 (117) ALR 363, and in the case of Dharam Raj v. State of U.P. and others 2010 (2) AWC 1878 (LB) and Gram Vikash Sewa Samiti v. State of U.P. and others, passed in Writ C No. 19941 of 2018. The petitioners being the ration card holders, have no right to seek cancellation of the licence of the fair price shop dealer by instituting a writ petition. The writ petition is not maintainable.