Honble Vineet Saran, J.—The brief facts of the present case are that the petitioner has been continuing to run a fair price shop since 1992. On the basis of some inspection conducted by the Task Force constituted by the District Magistrate, Rampur on 24.6.2006, upon finding certain irregularities, by an order dated 10.7.2006 the licence of the petitioner was placed under suspension. Thereafter, by an order dated 11.9.2006 passed by the respondent No. 3, the licence of the petitioner has been cancelled. Challenging the said order, the petitioner filed an appeal, which has been dismissed by the Commissioner, Moradabad Division, Moradabad on 30.4.2008. During the pendency of the appeal, the respondent No. 5 had been granted the licence on 18.5.2007. Aggrieved by the aforesaid orders dated 11.9.2006 and 30.4.2008 as well as order dated 18.5.2007, this writ petition has been filed.

2. I have heard Sri Prabhakar Awasthi, learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondent No. 1 to 3 and Sri Anuj Kumar for the respondent No. 4 and Sri Sanjay Kumar for respondent No. 5. Time to file counter affidavit was granted. Respondent No. 5 has