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