Sandeep Kumar v. Commissioner And 4 Others

Court No. - 4

Case :- WRIT - C No. - 493 of 2021

Petitioner :- Sandeep Kumar Respondent :- Commissioner And 4 Others Counsel for Petitioner :- Wahid Jamal,Pushpendra Singh Counsel for Respondent :- C.S.C.

Hon'ble Vivek Kumar Birla,J.

Heard Sri Wahid Jamal, learned counsel for the petitioner and leaned Standing Counsel appearing for the State and Sri Ayub Khan, learned counsel for the respondent no. 5 and perused the record.

Present petition has been filed challenging the impugned order dated 1.12.2020 passed by the respondent no. 1.

Learned counsel for the respondent no. 5 submits that the petitioner is a subsequent allottee and he has no right to challenge the order impugned herein. In this regard, he has placed reliance on a judgement of Hon'ble Supreme Court rendered in the case of Poonam vs. State of UP & others, 2016 (2) SCC 779 wherein it has been held that subsequent allottee is neither a necessary nor a property party to the appeal.

Admittedly, the petitioner is a subsequent allottee. His subsequent allotment was cancelled on the restoration of fair price shop licence of original allottee. He has no right to challenge the orders impugned herein.

Petition is devoid of merit and is accordingly dismissed. No order as to costs.

Order Date :- 13.1.2021 Abhishek

Neutral Citation No. - 2021:AHC:9158