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