Hon’ble Rajiv Sharma,J.—Heard Mr. Rakesh Gupta, learned Counsel for the petitioner and Mr. Rakesh Kumar Srivastava, learned Standing Counsel.

2. Brief facts of the petitioner’s case are that the fair price shop license for the village Khemnipur, Block Kaiserganj, District Bahraich was given to the opposite party No.4, which was suspended and subsequently, the said license was cancelled. Being aggrieved, he filed an appeal and the Appellate Authority while allowing the appeal on 10.6.2004 quashed the cancellation order passed by the Sub-Divisional Magistrate and the matter was remanded to the Sub-Divisional Magistrate for re-considering and deciding the matter, after providing due opportunity to the appellant for evidence, hearing and defence. In compliance of the order dated 10.6.2004, the petitioner filed a representation and after providing due opportunity, the Sub-Divisional Magistrate rejected the representation. Being aggrieved, he preferred an appeal again which was allowed vide judgment and order dated 1.4.2005.

3. Learned Counsel for the petitioner submits that the appeal has been filed without impleading the petitioner. Therefore, opportunity of hearing has not been provided

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