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2017 Supreme(All) 1719

SURYA PRAKASH KESARWANI
Rajkumar @ Munnu – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner:- Mahadeo Singh Chandel
For the Respondent:- C.S.C.

JUDGMENT

Surya Prakash Kesarwani,J.

Heard learned counsel for the parties.

2. The petitioner is a complainant on whose complaint the fair price shop agreement of respondent no.4 of village Sayar, Tehsil Maudaha, district Hamirpur, was cancelled. The respondent no.4 filed an Appeal No.24 of 2016 before the respondent no.3, which has been allowed by the impugned order dated 5.10.2016 and the fair price shop agreement of respondent no.4 has been restored. The petitioner was not even a party in the appeal before the respondent no.3.

3. In the case of Dharam Raj v. State of U.P., 2009 (108) RD 689 (Paragraph Nos. 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18) a Division Bench of this Court has considered the locus standi of a complainant to challenge the order of cancellation of fair price shop agreement or the appellate order and held as under :

"9. As evident from narration of the facts given above, it is evident that the petitioner was one of the complainants in the complaint against the respondent no.4 on 12.3.2008. The action has since been taken on the complaint so made by the petitioner and others against the respondent No.4, and fine of Rs.5,000/- has been imposed.

10. In the circumst














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