...licence of the respondent No. 4 has been cancelled, adversely affects the interest of the appellant as subsequent allottee of the fair price shop licence.6. Our...(2016) 2 SCC 779, the subsequent allottee had actually been heard at all stages. What the Court held was that the subsequent allottee had been trying to establish her...:“The appellant being the subsequent allottee filed an application for impleadment in the writ petition on 17.10.2008. That application was neither entertained nor allowed...

.... Learned counsel for the respondent no. 5 submits that the petitioner is a subsequent allottee and he has no right to challenge the order impugned herein. In this regard, he has placed..., 2016 (2) SCC 779 wherein it has been held that subsequent allottee is neither a necessary nor a property party to the appeal. Admittedly, the petitioner is a...subsequent allottee. His subsequent allotment was cancelled on the restoration of fair price shop licence of original allottee. He has no right to challenge the orders impugned herein. Petition...

...petitioner is subsequent allottee and has challenged the order of restoration of fair price shop agreement of the dealer passed by the appellate authority. Learned counsel for the...that the subsequent allottee has locus to challenge the order restoring the fair price shop agreement. Reliance has been placed upon the following paragraph of the above referred...petitioner was the subsequent allottee and he has no authority to challenge the order restoring the fair price shop agreement. The facts as has been brought on record clearly indicate that the fair price...

...was the subsequent allottee after the licence of the erstwhile licensee was cancelled. The erstwhile allottee filed an appeal which was also dismissed, thereafter he filed a writ petition challenging...the order of cancellation and rejection of appeal. The appellant being a subsequent allottee filed an application for impleadment. The said application was neither entertained nor the appellant was...heard. The Supreme Court observed that the subsequent allottee's rights were affected by the restoration of the licence of the erstwhile allottee. The order passed by the High Court was set aside with a...

...is a subsequent allottee of the fair price shop pursuant to cancellation of license of fair price shop of respondent no. 8 who was the original allottee. Learned counsel for petitioner...impleading him as a party. I have heard respective counsel for the parties and perused the material on record. The matter in regard to hearing of subsequent allottee during appellate...behalf of respondent no. 8, the original allottee. He contends that at the time of filing of appeal the license was not allotted in favour of petitioner, as such, the appeal was filed without...

...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...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...

...to the petitioner. No impleadment application was also filed by the petitioner in the appeal. Aggrieved by the order passed in appeal, the subsequent allottee i.e. the petitioner has preferred the...a subsequent allottee of the fair price shop after the license of respondent 4 was canceled. The petitioner completed all the formalities, and there is no allegation of irregularity against the...the license of the original allottee is restored, then the subsequent allotment would be cancelled. (iii) The petitioner did not file any impleadment application in the appeal...

...is a subsequent allottee. Per-contra, learned counsel appearing for the respondents submitted that the petitioner is a subsequent allottee and he has no right. I have considered the...rival submissions and have perused the record. The petitioner is undoubtedly a subsequent allottee as he has been allotted fair price shop after cancellation of the shop of the original allottee...has also been made. Challenging the impugned order whereby the fair price shop licence of the petitioner has been cancelled on restoration of fair price shop licence of the original allottee...

...filed by Respondent-4, admittedly petitioner was not in picture. Therefore, it cannot be held that Respondent-4, i.e., appellant, despite having knowledge that there was a subsequent allottee, i.e...., petitioner, still not arrayed said subsequent allottee as a party respondent in appeal. Since this event occurred during pendency of appeal and no information was sent to appellant, therefore, there was no...in appeal, whereby appeal was allowed, cannot be set aside. 5. Petitioner, being a subsequent allottee, cannot challenge impugned order on merit of case before this Court since despite...

...Pawan Chaubey v. The State of Uttar Pradesh Civil Appeal No. 3668 of 2022 in support of his submission that the appellant being the subsequent allottee was a...behalf of the Respondent No. 4 contended that the appellant need not be heard. She had no right or locus to be impleaded.In Poonam (supra), the subsequent allottee had...actually been heard at all stages. What the Court held was that the subsequent allottee had been trying to establish her right independently. She contended that she had an independent legal right. This...

...price shop, however, his licence of the fair price shop was cancelled, against which, an appeal was preferred, which was allowed and the licence was restored. The subsequent allottee had...remanded the matter back to the appellate authority to pass an order afresh after hearing both the petitioner as well as the subsequent allottee. It is contended by learned counsel for the...petitioner that the appeal is still pending consideration before respondent no.2. Learned counsel representing the petitioner as well as the subsequent allottee-respondent no.6 fairly submits that a...

...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...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...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...

...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...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...

...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...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.... 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...

...section 13(1) of U.P. Essential Commodities (Regulation of Sales and Distribution Control) Order- 2016. Learned standing counsel pointed out that petitioner is subsequent allottee, therefore, he...Vs. State of U.P.; 2016 (7) ADJ (SC) 530 in which Court has held that subsequent allottee has no right. Learned counsel for the petitioner though opposed the submission...laid down by the Apex Court in the matter of Poonam (supra) about subsequent allottee. Under such facts of the case, once it is not disputed that petitioner is subsequent allottee, he has no...

...Sumitra Devi Vs State of UP & others in Special leave to Appeal (C) Nos. 37283-37284 of 2012 decided on 8-10-2014, and submitted that the subsequent allottee is the...necessary party in the proceedings, as the orders passed in favour of original allottee adversly affects the interest of subsequent allottee. 2 of 9...No.5 by the respondent No. 2, the petitioner being a subsequent allottee have no right to avail any remedy against the appellate order dated 26-9- 2022 passed by the respondent no.2. Counsel for the...

...High Court has wrongly been stated to be 16.3.2011 instead of 5.10.2012 The impugned order dated 20.2.2013 appears to have been filed by Jagroop respondent no. 4 the subsequent allottee and the...appeal at the behest by the subsequent allottee is not maintainable. The objection as to the maintainability of the appeal under Section 28 of the U.P Scheduled Commodities...Distribution Order, 2004 at the behest of the subsequent allottee can be raised before the appellate authority, namely, the Chitrakoot Dham, Mandal-Banda. The order dated 28.2.2013 is not a final...

...price shop of the subsequent allottee stand cancelled . It is not in dispute that the petitioner is the subsequent allottee as after cancellation of the agreement of the respondent...shop has been allowed. Learned standing counsel appearing for the State - respondents submits that the subsequent allottee has no right and the writ petition is not maintainable on...his instance. This Court in number of cases has held that the subsequent allottee has no right to file writ petition. Reference may be had to the judgments of this Court in...

...Smt. Kanti Devi Vs. State of U.P. and others. In the terms of order passed by the Division Bench, I reiterate that the right of the subsequent allottee or the allottee, if any, is made.... He further apprehends that during the pendency of the appeal the respondents may proceed to allot the shop which may frustrate the purpose of filing of appeal. The right of the subsequent...allottee during the pendency of appeal has already been determined by the Division Bench of this Court in Writ Petition No. 12229 (MB) of 2010...

.... 2. Admittedly, the petitioner was a subsequent allottee and in terms of the provisions of the Government Order dated 05.08.2019, particularly Clause 8(3), wherein it was specifically provided...that in the event, the appeal of the original allottee is decided, any subsequent challenge by the subsequent allottee would not be maintainable, the appeal was dismissed as not maintainable...