Court No. - 2
Case :- WRIT - C No. - 25452 of 2018 Petitioner :- Ashish Kumar Trivedi Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Rajiv Kumar Tripathi Counsel for Respondent :- C.S.C.,Pusp Raj Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard learned counsel for the petitioner and learned Chief Standing Counsel. Sri Pusp Raj Singh- Advocate who has filed caveat is absent when the matter is taken up.
2. It is the case of subsequent allottee. I am in agreement with the learned Advocate for the State that as per judgment of this High Court and even as per the condition laiddown in the allotment order a subsequent allottee will have no right to continue.
3. However, in this case the subsequent allottee has challenged the order of appellate authority by way of this writ petition and, therefore, his locus is well established. He does not challenge both the removal of his dealership and also challenges the allowing of appeal by a cryptic order . One more ground is very much available to the petitioner that during the pendency of appeal, respondent no. 5 who was the allottee and his appeal was pending even took part in the election and was defeated. It was the petitioner who won the election, this ground makes out a case for admission and for grant of order, as the petitioner is continuing to do the business pursuant to his allotment he shall be given the quota.
4. In that view of the matter, issue notice to respondent no. 5 by speed / registered post. Respondent nos. 1 to 4 may file counter affidavit on or before 10th September, 2018. Reply, if any, may be filed by petitioner within a week thereafter.
5. List on 10th September, 2018.
6. Meanwhile, petitioner shall be given quota for business. If quota is given to earlier allottee it shall be stopped. The order impugned is stayed.
7. However, even before returnable date the State or Private Party may apply for taking up the matter for hearing the matter for stay vacation / confirmation.
Order Date :- 27.7.2018 Mukesh