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1. Heard learned counsel for the parties and perused the record.

2. This petition has been filed by the petitioner challenging the order dated 29.11.2019 passed by the opposite party no.2-Dy. Commissioner (Food), Ayodhya Division, Ayodhya, in Appeal No.16 of 2019, under Section 13 (1) of U.P. Essential Commodities (Regulation of Sale and Distribution Control), Order, 2016, hereinafter referred to as the 2016 order.

3. It has been submitted by the learned counsel for the petitioner that he is a Resident of Village Dewai, Post Dayodhi, Block & Tehsil Sohawal, District Ayodhya, and he participated in the selection process for appointment of Fair Price Shop License for the said Gram Sabha. Agenda was circulated on 11.03.2018 for an open general meeting held on 04.04.2018. The meeting was held on 04.04.2018 in the presence of Observers appointed by the opposite party nos.5 & 6-i.e. the Assistant Development Officer, Panchayat and Assistant Development Officer (ST) and two Sub Inspectors of the concerned police station. The petitioner and one Ram Bhawan had putforward their candidature. Ram Bhawan raised an objection to the candidature of the petitioner on the ground that the petitioner is the brother of Village Pradhan and thus ineligible. The petitioner submitted that he was living separately and his family has been given a separate page in the Family Register/Parivar Register of the village concerned. The Candidature of the petitioner was accepted and he was recommended in the said meeting of the Gram Sabha by a Resolution dated 04.04.2018 The matter was sent to the S.D.M. who placed the same before Tehsil Level Committee where again the objection of Ram Bhawan was considered regarding ineligibility of  the petitioner, the petitioner was thereafter allotted the Fair Price Shop of the village Dewai. The order of allotment dated 19.05.2018 clearly stated that the objections raised by Ram Bhawan was found to be inappropriate in view of legal advice given by the DGC (Civil), Faizabad, with regard to the applicability of Government Order dated 03.07.1990.

6. It has been submitted by the learned counsel for the petitioner that the finding recorded by the Appellate Authority regarding the Government Order dated 03.07.1990 and Government Order dated 17.08.2002 are misconceived, as the opposite party no.2 has not considered the fact that the Parivar Register showed the petitioner to be living separately and the report of the concerned Revenue Officials also showed the petitioner to be living separately from his brother who was the sitting Gram Pradhan. Learned counsel for the petitioner has also stated vehemently that the petitioner was not heard by the Appellate Authority at all and the appellant Prem Kumar had no locus to file the Appeal.

10. The Appellate Authority has also gone through the copies of the two pages of the Parivar Register filed at Page nos. 58 and 60 of the lower court record, and found therefrom that Raghvendra Tewari was the real brother of the sitting Gram Pradhan Shri Malvendra Tewari. The report of the Revenue Officials stated that they both lived in the same house. The petitioner Raghvendra Tewari was found ineligible in terms of Paragraph 4.7 of the Government Order dated 03.07.1990 and in terms of the Provisions of Government Order No.2715/29-6-2002-162-SAA/ 2001 dated 17.08.2002. The appointment of the petitioner was found to have been made against the settled position in law as given in judgments of the High Court reported in 2019 (142) RD 553 and 2019 (37) LCD 757. The order dated 19.05.2018 was set aside and a direction was issued to the S.D.M. Sohawal, to get a meeting held of the Gram Sabha Dewai within a period of two months for appointment of a new Fair Price Shop Licensee.