N. K. MITRA, C. J.

( 1 ) THE special appeal is directed against the judgment and order dated 24. 9. 1999 by which the learned single Judge dismissed the appellants writ petition being Civil Misc. Writ Petition No. 1407 of 1999 instituted against cancellalion of his fair price shop holding that the writ petition was not maintainable in view of the Full Bench decision of the Court in U. P. Sasta Galla Vikreta Panshad v. State of U. P. and others.

( 2 ) THE first question that needs to be considered and decided pertains to maintainability of the writ petition which was instituted by the appellant challenging the order of cancellation of fair price shop allotted to him. The learned single Judge has dismissed the writ petition as not maintainable. He has placed reliance on the Full Bench decision referred to above. The Full bench decision, reliance on which has been placed by the learned single Judge, has maintained that in the matter of non-statutory contracts, the rights of the parties thereto are governed by the terms and conditions of the contract and not by any constitutional or statutory provision and, therefore, breach of contract, if any, would not be enforceable by means of the

Click Here to Read the rest of this document