Poonam Devi v. State Of U.P. And 4 Others

Court No. - 10

Case :- WRIT - C No. - 8262 of 2019

Petitioner :- Poonam Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prem Prakash Counsel for Respondent :- C.S.C.

Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the petitioner and Shri Devesh Vikram, learned Standing Counsel.

The petitioner, who is subsequent allottee of the fair price shop in question, is before this Court assailing the validity of the order dated 6.2.2019 passed by second respondent by which appeal in question filed by the original allottee (fifth respondent) of the fair price shop in question has been allowed and his license has been restored. The petitioner has also assailed the validity of the order dated 27.2.2019, whereby in compliance of the order passed by the appellate authority her license has been cancelled.

Shri Devesh Vikram, learned Standing Counsel submits that this is settled proposition that subsequent allottee has no right over and above the rights of the original allottee. There is clearcut clause in the agreement itself that the moment the license of the original allottee is restored, the subsequent allottee would not have stake in the matter.

The Court has proceeded to examine the record in question and find substance in the contention raised by learned Standing Counsel. The Court is of the opinion that the moment the license of the original allottee is restored and the consequent order has been passed by the licensing authority, the rights of the petitioner has been ceased and as such no reprieve can be extended to the petitioner.

Consequently, the writ petition sans merit and is accordingly dismissed.

Order Date :- 8.3.2019 SP/

Neutral Citation No. - 2019:AHC:45920