H. N. SETH, J. :- This petition under Article 226 of the Constitution has come up before this Bench for reconciling the apparent conflict of judicial opinion in this Court vide Pahari Sahu v. District Magistrate, Varanasi, Civ. Misc. Writ No. 5057 of 1973, decided on 30-8-1973 (All) and State v. Om Prakash, Spl. Appeal No. 2 of 1973, decided by the Lucknow Bench of this Court on 13-2-1973 (All), in the light of the Supreme Court decision in the case S. Chandra Sekharan v. Tamil Nadu Government, AIR 1974 SC 1543.

2. The petitioner Sitla Prasad claims that as a result of agreements entered into between him and the District Magistrate Pratapgarh, he was appointed as authorised retail distributor under the provisions of the U. P. Foodgrains Distribution Order and the U. F. Sugar Control Order, 1966, for sale of Government Foodgrains and levy sugar. Terms of the agreement, on which he was so appointed, are contained in the form of declaration (Annexure 1 to the writ petition). It appears that some complaints with regard to distribution of levy sugar by the petitioner, were received by the District Authorities. Accordingly the District Magistrate, after getting certain enquiries