Smt. Rana Parveen v. State Of U.P. And 3 Ors.

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After substantial arguments, learned counsel for the petitioner prays that the writ petition may be dismissed as withdrawn.

The writ petition is dismissed as withdrawn.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