( 1 ) HEARD Sri H. N. Shukla, learned Counsel for the petitioner, Sri Kalp Nath Bind, learned counsel for the respondent No. 4 and learned Standing Counsel for the respondent Nos. 1 to 3.

( 2 ) RESPONDENT No. 4, Manik Chand was appointed as Fair Price Shop Agent in respect of Gaon sabha Chhechhna, Tehsil Machhalishahr, District Jaunpur. Certain complaints were received with regard to the distribution of essential commodities by the said Fair Price Shop Agent. On the receipt of complaints, an enquiry into the allegations made against the respondent No. 4, as fair Price Shop Agent was conducted. On the basis of the report of the Tehsildar as also on the basis of certain other materials as have been noticed by the Sub-Divisional Magistrate, machhalishahr, he passed an order dated 8th September, 1998 cancelling the appointment of the respondent No. 4 as Fair Price Shop Agent. In the order reference has also been made to the resolution of the Gaon Sabha dated 5th July, 1998.

( 3 ) A day prior to the cancellation of appointment of petitioner, there is an order of Sub divisional Magistrate, Machhalishahr dated 7th September, 1998 appointing the present petitioner as Fair Pr