JUDGMENT Hon’ble Vineet Saran, J.—Learned Standing Counsel has accepted notice for Respondents No. 1 to 3; Sri Ramendra Asthana for Respondent No. 4 and Sri V.K.Singh for Respondent No. 5. Counter affidavit on behalf of the contesting respondent No. 4 has been filed today, to which a rejoinder affidavit has also been filed today. With consent of the learned Counsel for the parties this writ petition is being disposed of at this stage. 2. The fair price shop licence of the respondent No. 4 was cancelled by order dated 10.11.2005 passed by Respondent No. 3. Thereafter on 18.2.2006 the petitioner was granted licence for the fair price shop in question. The Respondent No. 4 had in the meantime filed an appeal before the Commissioner, Agra Division, Agra, Respondent No. 2. By the impugned order dated 25.5.2006 the appellate authority has allowed the appeal of the Respondent No. 4. 3. The short question involved in this writ petition is as to whether the petitioner was afforded an opportunity of hearing before the impugned order was passed. 4. In paragraph 23 of the writ petition it has categorically been stated that the petitioner was not made a party in the appeal filed by Respondent No. 4 and even though an impleadment application had been filed by the petitioner before the appellate authority, the impugned order has been passed without deciding the impleadment application filed by the petitioner and thus the impugned order is an ex-parte order passed without giving notice and opportunity of hearing to the petitioner which would be in violation of the principles of natural justice. 5. In reply to the averments made in paragraph 23 of the writ petition, the only reply given by the contesting respondent No. 4 is that the same are matters of record. 6. In such view of the matter, since valuable rights of the petitioner, who had already been granted a licence for the fair price shop in question, were affected, he would be a necessary party in appeal and since the impugned order has admittedly been passed without giving any opportunity of hearing, the order dated 25.5.2006 passed by the appellate authority deserves to be quashed on this ground alone. 7. For the foregoing reasons, the order dated 25.5.2006 passed by the appellate authority is quashed.
7. For the foregoing reasons, the order dated 25.5.2006 passed by the appellate authority is quashed. The matter is remanded back to the appellate authority for decision afresh, in accordance with law, after giving an opportunity of hearing to the petitioner as well as Respondent No. 4 and other concerned parties, if there be any, as expeditiously as possible, preferably within a period of two months from the date of filing of a certified copy of this order before the appellate authority. The respondent No. 4 undertakes to file a certified copy of this order before the Commissioner, Agra Division, Agra, Respondent No. 2, within ten days from today. Learned Counsel for the parties agree that the parties shall appear before the Commissioner, Agra Division, Agra on 1.8.2006 on which date the appellate authority may either proceed to hear the case or give a short date for hearing of the appeal. 8. The writ petition stands allowed to the extent indicated as above. No order as to cost. Petition Allowed. ———