Smt. Hina v. State Of U.P. And 3 Others

Court No. - 72 Case :- WRIT - C No. - 432 of 2022 Petitioner :- Smt. Hina Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Mishra Gana Counsel for Respondent :- C.S.C.

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned standing counsel for State- respondents through video conferencing.

Present petition has been filed with following relief;

"issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 04.10.2021 passed by the respondent no. 3 i.e. Sub Divisional Magistrate, Tilahar, District Sahjahanpur and order dated 08.11.2021 passed by Deputy Commissioner (Food) Bareilly Division, Bareilly in Appeal No. 74 of 2021 filed by the petitioner under section 13(1) of U.P. Essential Commodities (Regulation of Sales and Distribution Control) Order- 2016.

Learned standing counsel pointed out that petitioner is subsequent allottee, therefore, he has no right to maintain the petition against the impugned orders dated 04.01.2021 and 08.11.2021 passed by respondent nos. 3 and 2 respectively against respondent no. 4, who was original allottee of fair price shop in question. In support of his contention, he has placed reliance upon the judgement of Apex Court in the matter of Poonam Vs. State of U.P.; 2016 (7) ADJ (SC) 530 in which Court has held that subsequent allottee has no right.

Learned counsel for the petitioner though opposed the submission made by learned standing counsel, but could not dispute this fact that shop was allotted to the petitioner only after cancellation of shop of respondent no. 4. He also unable to dispute about the law laid down by the Apex Court in the matter of Poonam (supra) about subsequent allottee.

Under such facts of the case, once it is not disputed that petitioner is subsequent allottee, he has no right to maintain the present petition against the impugned orders dated 04.01.2021 and 08.11.2021 passed against respondent no. 4, who was original allottee of fair price shop in question in light of judgement of Apex Court in the matter of Poonam (supra). Therefore, petition lacks merit and is dismissed.

No order as to costs.

Order Date :- 12.1.2022/Arvind

Neutral Citation No. - 2022:AHC:3871