Court No. - 2
Case :- WRIT - C No. - 36603 of 2015
Petitioner :- Smt. Rana Parveen
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Vijay Shankar Singh,Smt. Kamla Singh
Counsel for Respondent :- C.S.C.,S.K. Tiwari
Hon'ble Mahesh Chandra Tripathi,J.
Heard Smt. Kamla Singh, learned counsel for the petitioner and learned Standing
Counsel for the State respondents. Shri S.K. Tiwari appears for respondent no.4.
The petitioner is subsequent allottee of fair price shop, which was originally
allotted to respondent no. 4. By the impugned order dated 22.5.2015 the Additional
Commissioner (Administration) Moradabad Division, Moradabad has set aside the
order of the Sub Divisional Officer, Sadar, Moradabad dated 8.5.2014, by which
the fair price licence of respondent no.4 was cancelled and restored his fair price
shop licence.
Shri S.K. Tiwari, learned counsel for respondent no.4 has raised a preliminary
objection regarding maintainability of the writ petition on the ground that the
petitioner is subsequent allottee of the fair price shop and the restoration of the fair
price shop in favour of respondent no.4 cannot be challenged by means of present
writ petition. He has relied upon a Division Bench judgment of this Court in Sri
Pal Jatav vs. State of UP & ors LAWS (ALL) 2008-10-137.
It is well settled that subsequent allottee has no locus to maintain the writ petition
as has been held in Sri Pal Jatav vs. State of UP & ors (supra); 2009(108) RD
689 (Dharam Raj vs. State of U.P. & others) and (2007 (5) ADJ 233
Shyamawati vs. Commissioner, Agra and others).
After substantial arguments, learned counsel for the petitioner prays that the writ
petition may be dismissed as withdrawn.
The writ petition is dismissed as withdrawn.
The office is directed to return the certified copy of the appellate order to the
petitioner.
(Mahesh Chandra Tripathi,J.)
Order Date :- 6.7.2015
RKP
Neutral Citation No. - 2015:AHC:87916