( 1 ) AFTER restoring the petition to its original number, with the consent of learned counsel for the parties, the matter is being heard under the Rules of the Court for final disposal,

( 2 ) PETITIONER by means of the present writ petition under Article 226 of the Constitution of India has challenged the order dated 28. 7. 1997, Annexure-4 to the writ petition, passed by the appellate authority against the order of cancellation of the licence of the contesting respondent no. 2, who was existing licencee of a fair price shop of the area concerned. The first ground that has been argued by learned counsel for the petitioner is that after cancellation of the licence of dealership, it has been allotted in his favour but he has not been impleaded as party in the plaint filed by the erstwhile licencee. This argument is fallacious. The petitioner has no right because he has been allotted the shop as a consequence of the cancellation of licence of the then existing licencee. The above existing licencee has every right to challenge the cancellation of his shop and once his cancellation order is set aside, the dealership automatically goes to him. In this view of the matter,