Court No. - 4
Case :- WRIT - C No. - 22248 of 2020
Petitioner :- Smt. Sheela Devi
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Rakesh Kumar Garg
Counsel for Respondent :- C.S.C.,Vishal Khandelwal
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri Vishal Khandelwal,
learned counsel appearing for the caveator respondent no. 5 and Sri P.K.
Chauhan, learned Standing Counsel appearing for the State respondents
no.
Present writ petition has been filed seeking quashing of the order dated
18.9.2020 passed by the respondent no. 3 filed as Annexure-5 to the writ
petition. A further prayer in the nature of mandamus to call for the records
of the case and direct the respondent no. 3 to restore the appointment dated
27.4.2013 of allotment of fair price shop made in favour of the petitioner
and to supply the essential commodities for distribution among the card
holders forthwith has also been made.
Challenging the impugned order whereby the fair price shop licence of the
petitioner has been cancelled on restoration of fair price shop licence of
the original allottee Surendra Singh , submission of learned counsel for the
petitioner is that the resolution was passed in open meeting and all
formalities were completed, therefore, it cannot be said that the petitioner
is a subsequent allottee.
Per-contra, learned counsel appearing for the respondents submitted that
the petitioner is a subsequent allottee and he has no right.
I have considered the rival submissions and have perused the record.
The petitioner is undoubtedly a subsequent allottee as he has been allotted
fair price shop after cancellation of the shop of the original allottee
Surendra Singh which was ultimately restored. He has no right in the light
of the judgment in Poonam Vs. State of U.P. and others2016 (2) SCC
779.
This writ petition is, accordingly, dismissed.
Order Date :- 19.1.2021
p.s.
Neutral Citation No. - 2021:AHC:11567