By the Court.—Heard learned counsel for the petitioner, Shri Ramesh Rai, learned counsel for the respondent No. 4 and learned Standing Counsel for the respondent Nos. 1 to 3.

2. By this writ petition, the petitioner has prayed for quashing the order dated 28.12.2012 passed in the review application filed by the respondent No. 4 as well as the consequential order dated 12.2.2013 restoring the supply of respondent No. 4.

3. We have heard learned counsel for the parties.

4. The issue which has been raised for consideration in the petition is legal in nature, therefore, with the consent of the parties, the writ petition is being finally disposed of at the stage of admission.

5. The brief facts of the case as on record are that the respondent No. 4 was allotted fair price shop of Gram Phulwariya. He has been running his shop since 1993. By order dated 26.2.2011, the fair price shop of the respondent No. 4 was cancelled. Against the said order, the respondent No. 4 filed an appeal being appeal No. 90/88/173/G-2011, which appeal was also dismissed by the Commissioner on 13.4.2012. After the appeal was dismissed by the Commissioner on the basis of resolution of Gaon Sabha dated 20.