JUDGMENT : Hon'ble Mrs. Sangeeta Chandra,J. (Oral) 1. This writ petition has been filed by the petitioner challenging the order dated 23.10.2017 passed by the Sub Divisional Magistrate, Etwa, District Siddharth Nagar with a further prayer for issuance of a Mandamus commanding the respondents to permit the petitioner to lift and distribute the essential commodities to the respective card holders of Village Panchayat Rohnibhari, Block Bhanwapur, Tehsil Etwa, District Siddharth Nagar. 2. It has been submitted by the learned counsel for the petitioner that initially the fair price shop licence of village Rohanibhari was allotted to Shri Ram Naresh, Respondent No. 5 herein. The shop of Shri Ram Naresh was cancelled by the Licensing Authority on 13.06.2016. Earlier, the Gram Panchayat Kanbhari has two Maujas - Shital Bhita and Kurthi Deeha and Gram Panchayat Rohanibhari was separate. In delimitation of Village Panchayats undertaken by the government in 2015, the two Maujas Shital Bhita and Kurthi Deeha were merged in village Panchayat Rohanibhari and for village Rohanibhari after cancellation of shop of Shri Ram Naresh, the petitioner Fula Wati wife of Asharfi was allotted the fair price shop. 3. Ram Naresh filed an appeal against the order of cancellation and the Appellate Authority while setting aside the order of cancellation in Appeal No. 20151700324 of 2016 directed the SDM to give fresh opportunity of hearing to the erstwhile licensee Ram Naresh and pass afresh order after due inquiry and also observed that till further order was passed, the suspension order dated 18.03.2016 would remain in operation. It has been contended by the counsel for the petitioner that the inquiry against Shri Ram Naresh has not yet been completed and the suspension order is subsisting in view of the order passed by the Appellate Authority and yet the fair price shop licence of the petitioner has been cancelled and licence has been granted to Shri Ram Naresh again. 4. From a perusal of the impugned order passed by the SDM, this Court finds that after the appeal was partly allowed and the matter was remanded to the Licensing Authority, an explanation was called for by the Licensing Authority and on consideration of the explanation the Licensing Authority has found no irregularity in the distribution of scheduled commodities by the erstwhile licensee. After finding that the licence of the erstwhile licensee deserves to be restored, the Licensing Authority has recorded a fresh finding with regard to the restoration of the Fair Price Shop for Village Panchayat Rohanibhari to Shri Ram Naresh. The reason given in the impugned order is that as per government orders dated 11.05.2017, 21.04.2017 and 25.04.2017 it had been provided by the government that the newly constituted Gram Panchayats after delimitation would be declared vacant and the fair price shop allotment be made therein through open general meeting. But, later on, it was clarified that if a fair price shop was already existing and the licensee had his residence as well as his shop in the same village, then, he shall be allowed to continue and the vacancy shall not be declared for that particular village. It was further clarified that in case the fair price shop licensee had his residence in a different village and his shop in a different village, then, the fair price shop licence shall be treated to have been issued for the village in which the licensee had his residence. 5. In this case, Ram Naresh had his residence in Gram Panchayat Rohanibhari and therefore, the Fair Price Shop licence of Ram Naresh was restored for village Rohanibhari. The vacancy on which petitioner's subsequent allotment has been, no longer existed after the restoration of the fair price shop licence of the village Rohanibhari to the erstwhile licensee Ram Naresh. 6. I do not find any factual or legal infirmity in the order impugned. 7. The writ petition is dismissed as devoid of merits. 8. No order as to costs.