JUDGMENT :

1. Heard, learned counsels for the parties and perused the material on records.

2. By means of present writ petition, petitioner is seeking for quashing of the order dated 26-09-2022 passed by the respondent No-2, Deputy Commissioner (Food) Basti Region, Basti in case No. 285 of 2022 under Rule 13 (1) of UP Essential Commodities (Regulation at Sale and Distribution) Rules 2013, allowing the appeal filed by respondent No. 5. Further prayer has been made by petitioner for mandamus directing the respondents not to interefere in peaceful functioning of the petitioner as Fair Price Shop Dealer in Gram Panchayat Bhotaha, Block Pauli, Tehsil Dhankata District Sant Kabir Nagar.

3. Learned counsel for the petitioner submits that after cancellation of fair price shop licence of respondent No. 5, by the respondent No.3- Sub Divisional Magistrate, Tehsil Dhankata District Sant Kabir Nagar on 9-6-1022, the due process as prescribed under the Guidelines and Government Orders issued in this regard, was followed and the proposal for selection of petitioner as fair price shop dealer at village in question has been recommended by the Block Development Officer before the respondent no.3. By o