NAZUK Vs. STATE OF U P

JUDGEMENT

(1.) Complaints were made by the petitioner against the respondent No.4-fair price shop dealer of village panchayat-Kamalpur Fatehabad, Tehsil-Bilari, District-Moradabad 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.4 was cancelled by order dated 06.02.2018. The fair price shop dealer took the order of cancellation in appeal before the appellate authority. The Additional Commissioner (Administration), Moradabad Division, Moradabad has passed an order dated 06.03.2019 in favour of the respondent No.4 in the Appeal No.C201813000001087(Rahees Alam Vs. State of U.P.).

(2.) The petitioner is aggrieved by the order dated 06.03.2019 passed by the Additional Commissioner, Moradabad Division, Moradabad in the aforesaid appeal. The petitioner claims to be complainant and ration card-holder.

(3.) 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, 2008 4 ADJ 416 and in the case of Sriram Prasad and another Vs. State of U.P. and others, 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) and Gram Vikash Sewa Samiti Vs. State of U.P. and Others passed in Writ C No. 19941 of 2018. The petitioner being the ration card holder, has 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.