Adesh Tyagi v. State Of Up And 7 Others

Neutral Citation No. - 2024:AHC:40322

Court No. - 6

Case :- WRIT - C No. - 6465 of 2024

Petitioner :- Adesh Tyagi Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Avadh Pratap Singh Shishodia Counsel for Respondent :- C.S.C.,Parvish Kumar,Sunil Kumar Singh

Hon'ble Rohit Ranjan Agarwal,J.

The petitioner before this Court is a subsequent allottee of the fair price shop pursuant to cancellation of license of fair price shop of respondent no. 8 who was the original allottee.

Learned counsel for petitioner submits that petitioner was not made a party in the appeal filed by respondent no. 8 which was allowed by order impugned dated 08.09.2023. Reliance has been placed upon decision of Supreme Court in case of Ram Kumar vs. State of Uttar Pradesh, 2022 (11) ADJ 229.

Sri Parvish Kumar, Advocate has put in appearance on behalf of respondent no. 8, the original allottee. He contends that at the time of filing of appeal the license was not allotted in favour of petitioner, as such, the appeal was filed without impleading him as a party.

I have heard respective counsel for the parties and perused the material on record.

The matter in regard to hearing of subsequent allottee during appellate proceedings is no more res integra and the matter has already attained finality by decision of Apex Court rendered in case of Ram Kumar (supra).

As the petitioner was not made a party in appellate proceedings and was not heard by Appellate Authority, the order impugned dated 08.09.2023 is hereby set aside.

The matter is remitted back to Additional Commissioner/Joint Commissioner, Food & Supply, Meerut Division, Meerut/Appellate Authority, who shall hear petitioner also and decide the appeal in accordance with law, within next two months.

With the aforesaid directions, writ petition stands disposed of.

Order Date :- 6.3.2024 V.S.Singh