Smt. Tarannum Jahan v. State Of U.P. And 4 Ors.

Court No. - 19

Case :- WRIT - C No. - 13616 of 2015

Petitioner :- Smt. Tarannum Jahan Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Satyendra Narayan Singh,Sushil Kumar Pandey Counsel for Respondent :- C.S.C.

Hon'ble Shri Narayan Shukla,J.

Heard Mr. Sushil Kumar Pandey, learned counsel for the petitioner as well as learned Standing Counsel.

The petitioner being a subsequent allottee of fair price shop has assailed the order dated 22.01.2015 passed by the Additional Commissioner(Judicial), Saharanpur Region, Saharanpur- respondent no. 2. By means of order impugned the appeal preferred by respondent no. 5 has been allowed and her shop in question has been restored.

Learned counsel for the petitioner submitted that after cancellation of fair price shop of respondent no. 5, the petitioner was allotted the shop and he had been running the same without any complaint. However, after the order passed in appeal, now he has been restrained from running the shop whereas before doing so, she should have been provided opportunity of hearing. Thus, she claims the order impugned to be in violation of principles of natural justice.

The right of subsequent allottee has already been determined by the Division Bench of this Court in Writ Petition No. 12229 (MB) of 2010, Smt. Kanti Devi v. State of U.P. & others and this Court has made the right of subsequent allottee subject to appeal. Since the appeal filed by the respondent no. 5 has been allowed in her favour, I am of the view that now she is entitled to get restored her shop. Therefore, I do not find any substance in the writ petition.

Accordingly, the writ petition is dismissed.

Order Date :- 19.3.2015 Anupam S/-

(Shri Narayan Shukla,J.)

Neutral Citation No. - 2015:AHC:34957