Hon’ble Mrs. Sangeeta Chandra, J.—This writ petition has been filed by the petitioner challenging the order dated 3.1.2017 passed by the Sub Divisional Magistrate, Muzaffar Nagar allotting the second fair price shop for village Rohana Khurd to respondent No. 7, Pradeep Kumar and the order passed by the Appellate Authority in Appeal No. 06 of 2016-17 (Praveen Kumar v. Sub Divisional Magistrate, Muzaffar Nagar and others) rejecting the appeal on 17.7.2017.

2. It is the case of the petitioner that the Gram Pradhan of village Rohana Khurd sent a letter dated 26.8.2016 to respondent No. 3 with a request for bifurcation of existing fair price shop and creation of second fair price shop in the village on the ground that there are 4400 units, which is above the prescribed units of 4000 for consideration of establishment of second fair price shop. The said letter was forwarded to the Supply Inspector by the Sub Divisional Magistrate to submit his report. Respondent No. 4 submitted a report to the effect that there are 1254 Card-holders and 5531 units in the village. In furtherance to the said report, the Sub Divisional Magistrate passed an order on 5.9.2016 directing verification of units again, but without waiting for report of the Supply Inspector verifying the units, respondent No. 3 by order dated 7.9.2016 directed the Block Development Officer to get an Open General Meeting of the villagers concerned for proposal recommending a candidate for allotment of second fair price shop in the village. This Open General Meeting was held on 26.9.2016 in pursuance of which the proposal for allotment of second fair price shop was passed in favour of respondent No. 7. The Tehsil Level Committee approved the proposal on 3.1.2017 and respondent No. 7 was allotted the second fair price shop for village Rohana Khurd, Muzaffar Nagar.

3. Aggrieved by the allotment of second fair price shop, the petitioner filed an appeal before respondent No. 2 on the ground that the number of units in the village is only 2267, which is below 4000 units as required under the Government Order and no allotment of second fair price shop could have been made in the said village. The consideration for establishment of a second fair price shop in a village can be done only if units in the village exceed 4000. The Appellate Authority however, without looking into the facts mentioned in the appeal has passed the order dated 17.7.2017 rejecting the appeal of the petitioner on the ground that in the report of the Block Development Officer dated 3.9.2016, it has been recorded that the village concerned has 5531 units, which were more than the required minimum of 4000 units for consideration of establishment of second fair price shop in a particular village. The contention of the petitioner that there are only 2267 units in the village was rejected without any reason.

4. Learned counsel for the petitioner while arguing the matter has referred to an order passed by this Court on 3.11.2017 directing respondent Nos. 3 and 4, the Sub Divisional Magistrate, Muzaffar Nagar and Block Development Officer, Charthawal, Tehsil & District Muzaffar Nagar to give definite report as to number of actual units in the village concerned.

5. It has been argued by the learned counsel for the petitioner that in compliance of the order passed by this Court, a report has been submitted through affidavit filed by the Area Rationing Officer, District Muzaffar Nagar. The report of the Block Development Officer shows that in the survey conducted in the village and on examination of Pariwar Register, it has been found that 1190 families lived in the village and there are total of 4537 units/population in the village concerned.

6. Learned counsel for the petitioner says that this report is fabricated document only to buttress the finding recorded by the Sub Divisional Magistrate and the Commissioner of the Division. It is his case that the said report cannot be relied upon as in the order of the allo