Court No. - 38 Case :- WRIT - C No. - 45725 of 2016
Petitioner :- Idrees
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Ganesh Datt Mishra
Counsel for Respondent :- C.S.C.,Brij Kumar Yadav,Sikandar Khan
Hon'ble Ran Vijai Singh,J.
Heard Sri G.D.Mishra, learned counsel for the petitioner, learned standing counsel for the State-respondents, learned counsel for the gaon sabha and Sri Sikandar Khan, learned counsel for the respondent no. 5.
Through this writ petition, prayer has been made to issue a writ of certiorari quashing the order dated 16.7.2016 passed by the Additional Commissioner Kanpur Division Kanpur in Appeal No. 249/2016 (Ramesh Vs. State of U.P.) as well as order dated 16.8.2016 and order dated 23.8.2016 passed by the Sub- Divisional Officer,Kayamganj, District Farrukhabad. Vide order dated 16.7.2016, appeal filed by the respondent no. 5, against the order of cancellation dated 7.4.2016, has been allowed. Whereas vide order dated 23.8.2016, the Sub- Divisional Officer, pursuant to the order dated 27.2.2008 has held that in view of allowing of the appeal filed by the original fair price shop agent, agreement to run fair price shop of the subsequent allottee stand cancelled .
It is not in dispute that the petitioner is the subsequent allottee as after cancellation of the agreement of the respondent no. 5, agreement was executed in his favour for distribution of the scheduled commodities and appeal filed by the respondent no. 5 against the order of cancellation of his agreement to run fair price shop has been allowed.
Learned standing counsel appearing for the State - respondents submits that the subsequent allottee has no right and the writ petition is not maintainable on his instance.
This Court in number of cases has held that the subsequent allottee has no right to file writ petition. Reference may be had to the judgments of this Court in Nasarudin Vs. State of U.P. and Ors. 2015 (11) ADJ 557, Smt. Javitri Devi Vs.State of U.P. and others (WRIT - C No. - 63117 of 2015, decided on 18.11.2015), Shyam Singh Vs. State Of U.P. And 4 Others
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(WRIT - C No. - 63882 of 2015, decided on 4.12.2015) and Roop Kishor Vs. State Of U.P. And 4 Others (Writ-C No.68087 of 2015, decided on 18.12.2015). The view taken by this Court although in different case has been approved by the Apex Court in Poonam Vs. State of U.P. and Others (2016 (2) SCC 779). In view of the foregoing discussions, no relief can be granted to the petitioner. The writ petition is dismissed.
Order Date :- 22.9.2016 Pratima
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