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Judgment
Janardan Sahai, J.
By an order dated 7.1.2006 the Sub Divisional Magistrate Hata, District Kushi Nagar directed that an agreement be made with the petitioner in respect of a fair price shop. It appears there was a complaint against the allotment and by order dated 18.1.2006 the Sub Divisional Magistrate found that there were several irregularities in the allotment of the shop including the non observance of the provisions relating to reservation and also in respect of irregular meeting of the Gaon Sabha and he directed cancellation of the allotment. The petitioner preferred an appeal against that order. The appeal has been disposed of by the Deputy Commissioner (Food and Supply), Gorakhpur Region, Gorakhpur with the direction to the Sub Divisional Magistrate to give opportunity of hearing to the petitioner and to pass fresh order and till then it has been directed that the order dated 18.1.2006 be maintained. It was submitted by the petitioner''s counsel that when the appellate court has directed fresh order to be passed, the order dated 18.1.2006 could not have been directed to be maintained.
I have heard learned standing counsel and Sri P.K. Singh, counsel for the caveator upon this point and the learned standing counsel.
There appears to be merit in the petitioner''s contention. In view of the fact that the Commissioner found force in the appeal of the petitioner and directed the Sub Divisional Magistrate to pas a fresh orde, the order dated 18.1.2006 could not have been maintained, but the petitioner cannot be allowed to distribute the commodities in view of the finding regarding the irregularity in the allotment.
In the facts and circumstances the order the Deputy Commissioner (Food and Supply), Gorakhpur Region, Gorakhpur dated 29.11.2007 is set aside to the extent he has directed that the order dated 18.1.2006 to be maintained but the petitioner shall not be permitted to lift the quota or to distribute the essential commodities until a fresh decision is taken by the Sub Divisional Magistrate in pursuance of the order of the Deputy Commissioner dated 21.1.2007. The Sub Divisional Magistrate shall try to dispose of the matter expeditiously and if possible within a period of three months from the date a certified copy of this order is filed before him.
With the aforesaid observations, this writ petition is disposed of