Pawan Kumar v. State Of U.P. Thru Prin.Secy.Food & Civil Supplies & Ors.

Court No. - 10 Case :- MISC. SINGLE No. - 4618 of 2015

Petitioner :- Pawan Kumar

Respondent :- State Of U.P. Thru Prin.Secy.Food & Civil Supplies & Ors.

Counsel for Petitioner :- Pankaj Kumar Srivastava,Smt. Shikha Srivastava

Counsel for Respondent :- C.S.C.

Hon'ble Rajan Roy,J.

Heard learned counsel for petitioner. The petitioner, herein, is a subsequent allottee though he disputed this fact. The petitioner is aggrieved by an order dated 03.08.2015 passed by the appellate authority continuing the interim order granted by it earlier and posting the appeal filed by opposite party no.4 for 02.09.2015. Sri Satish Kumar Sharma learned counsel has put in appearance on behalf of opposite party no.4 and filed his Vakalatnama, the same is taken on record.

Sri Satish Kumar sharma informs the Court that the one Writ Petition No. 2022 (MS) of 2014 (Pawan Kumar vs. State of U.P. & others) challenging the appellate order passed in favour of opposite party no.4 was dismissed vide order dated 03.04.2014 on the ground that subsequent allottee does not have any right but this fact was concealed by the petitioner and the appellate authority was not informed thereby resulting into the passing of appellate order dated 03.08.2015 in the case of the petitioner.

Considering the facts and circumstances of the case, it is provided that on 02.09.2015 the petitioner, herein, and other parties shall be heard on the question of extension of interim order and on such other preliminary issue, as may be raised. As the writ petition is directed against an interlocutory order, this Court does not wish to make any observation with regard to the right of subsequent allottee but while hearing the appeal the appellate authority shall also consider this issue in the light of the conditions as mentioned in the

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allotment order and the law on the subject, which may be placed before him .

With the aforesaid observation the writ petition is disposed of.

Order Date :- 11.8.2015 Vijay

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