The dispute relates to a fair price shop at Gram Panchayat Ambaghat, Block Godalamau, Tehsil Mishrit District Sitapur UP .
By impugned order, the High Court allowed the writ petition and set aside the order dated 14.02.2007 of SDM, Mishrit and also the order dated 07.06.2007 of the Commissioner, Lucknow in Appeal No.38/200607 and Appeal No.651/200607.
1 in relation to the shop in question and, therefore, he filed appeals before the Commissioner, Lucknow Division, Lucknow.
The High Court set aside the order of the Commissioner mainly on the ground that it was number a reasoned order.
By order dated 07.06.2007, the Commissioner dismissed the appeals, therefore, respondent No.
1 filed a writ petition before the High Court of Judicature at Allahabad, Bench at Lucknow.
The High Court did number exercise any option.
It is between the two private individuals, namely, the appellant and respondent No.
By order dated 14.02.2007, the SubDivisional Magistrate, Mishrit cancelled the license of respondent No.
1 and State companycerned department .
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal and remand the case to the Commissioner for deciding the appeals afresh on merits after hearing the appellant, respondent No.
As a companysequence, the merits of the case companyld number be examined either by the Commissioner in appeal properly or the High Court in writ petition.
Both are asserting their respective rights to run the shop.
In other words, the High Court was of the view that the Commissioner did number discuss all the issues arising in the case.
One, to decide the companytroversy on merits in the writ petition itself and the other to remand the case to the Commissioner for deciding the appeals afresh on merits in accordance with law by passing reasoned order after dealing with all the companytentions raised by the parties in support of their case.
1 herein.
Aggrieved by the said order, the appellant has filed this appeal by way of special leave in this Court because according to the appellant, the impugned order has adversely affected his right to run the shop.
In our companysidered opinion, the High Court having held that the order of the Commissioner was number legally sustainable because it was an unreasoned order, it had two options to follow.
Abhay Manohar Sapre, J. Leave granted.
This appeal is directed against the final judgment and order dated 12.07.2018 passed by the High Court of Judicature at Allahabad, Bench at Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2018.12.03 170043 IST Reason Lucknow in Writ Petition No.3476 of 2007 whereby the Single Judge of the High Court allowed the writ petition filed by respondent No.1 herein and set aside the order dated 14.02.2007 passed by the Sub Divisional Magistrate, Mishrit cancelling the license of respondent No.1 for fair price shop and order dated 07.06.2007 passed by the Commissioner, Lucknow Division, Lucknow rejecting his appeals.
