Hon’ble Ran Vijai Singh, J.—Heard Sri Arvind Srivastava-III, learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri D.D. Chauhan holding brief of Sri Amresh Singh, learned counsel for the Gaon Sabha.

2. Through this writ petition, prayer has been made to issue writ of certiorari quashing the order dated 1.9.2016 passed by Sub Divisional Officer, Bisalpur, District Pilibhit by which he has stayed his own order dated 31.8.2016.

While assailing this order learned counsel for the petitioner submits that the impugned order is without jurisdiction as the Sub Divisional Officer has no power to review of his own order. In his submissions, the order dated 31.8.2016 was passed after due deliberation, therefore, its operation could not be stayed on the application of the strangers unless such order was obtained by playing fraud or misrepresentation upon the authority concerned.

3. Whereas learned standing counsel as well as counsel for the Gaon Sabha have submitted that although under the relevant statute no power of review has been conferred upon the Sub Divisional Officer but the Sub Divisional Officer can review his own order under appropriate circumstances.

4. The brief facts of this case are that the petitioner happens to be fair price shop agent of village Nauwa Nagala, Block Barkheda, Tehsil Bisalpur, District Pilibhit. Her agreement to run fair price shop was suspended on 29.7.2016 by the Sub Divisional Officer on the complaint of the villagers/card holders. The petitioner submitted her reply denying all the charges levelled against her and taking note of that the petitioner’s agreement was restored vide order dated 31.8.2016 after forfeiting security of Rs. 5,000/- deposited by the petitioner. After the aforesaid order was passed, few villagers have made complaint against the petitioner. After receipt of the aforesaid complaint the Sub Divisional Officer has stayed his own order dated 31.8.2016 by which the petitioner’s agreement was restored.

5. The power of suspension/cancellation of fair price shop has been conferred upon the Sub Divisional Officer under the provisions contained in the Government order dated 3.7.1990 read with 17.8.2002. Relevant paras 7.1 and 12 conferring power of suspension and cancellation are reproduced herein under:

7-1 ;fn fdlh nqdkunkj }kjk vuqlwfpr oLrqvks ds mBku ;k forj.k esa xMcM+h dh tkrh gS rks Loizsj.kk] f'kdk;r ;k xkao lHkk ds izLrko ij ftykf/kdkjh mudh nqdku fuyafEcr@fujLr dj ldrs gSA

12- ftykiwfrZ vf/kdkjh dks ;g vf/kdkj gksxk fd xzkeh.k {ks= dh nqdkuks dk fujh{k.k rFkk vfu;ferrk ik;s tkus ij nqdkunkjks ds fo:} n.MkRed dk;Zokgh dj ldrs gSA

On being confronted as to whether this is only power, conferred by Government order, for suspension and cancellation of the agreement, learned standing counsel submits that there is no other Government order except aforesaid one.

6. From the perusal of the aforesaid Government orders I find that there is no power conferred upon the Sub Divisional Officer to review of his own order. Apart from the aforementioned Government orders, in U.P. Scheduled Commodities Distribution Order, 2004, which governs the field too, there is provision conferring the power of review.

7. The power of review is creation of the statute and if, under the relevant statute, the power of review has not been conferred upon the authority, may be judicial or quashi judicial or administrative. The said power cannot be exercised. In Kalabharati Advertising v. Hemant Vimalnath Narichania and others, (2010) 9 SCC 437, Hon’ble Apex Court has observed as under :

12. It is settled legal proposition that unless the statute/rules so permit, the review application is not maintainable in case of judicial/quasi-judicial orders. In absence of any provision in the Act granting an express power of review, it is manifest that a review could not be made and the order in review, if passed is ultra vires, illegal and without jurisdiction. (vide: Patel Chuni