Hon'ble Pramod Kumar Srivastava, J.

1. Respondent no.-5 Sajid was fair price shop dealer of village Khanpur Lakhhi. Respondent no.-3 Sub Divisional Officer has passed order dated 24.2.2016 cancelling the agreement of fair price shop of respondent no.-5. After cancellation of said agreement, present petitioner Mohd. Akbar was allotted said fair price shop. Earlier allottee respondent no.-5 had preferred Appeal No.-C2016130000264 (Sajid Vs. State of U.P.) challenging the order dated 24.2.2016 passed for cancellation of his dealership. In said appeal, he had impleaded present petitioner as respondent. After affording opportunity of hearing, respondent no.-2 Deputy Commissioner had allowed said appeal by judgment dated 14.10.2016, quashed the order dated 24.2.2016 regarding cancellation of agreement of respondent no.-5, and remanded the matter before respondent no.-3 to decide it again on merits within 15 days. This impugned order dated 14.10.2016 has been challenged by petitioner.

2. Learned counsel for the petitioner submitted that impugned order dated 14.10.2016 of respondent no.-2 is erroneous on merits and had been passed without proper appreciation of facts and law, as