Court No. - 32
Case :- WRIT - C No. - 4115 of 2020 Petitioner :- Bhikhari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dileep Kumar Srivastava,Vijay Prakash Chaturvedi Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani,Satyendra Kumar Yadav,Sunil Kumar Yadav,Surendra Prasad Yadav
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondents State.
This writ petition assails the order passed by licensing authority cancelling the license of fair price shop granted to petitioner on 03.01.2020 and order dated 16.01.2020 by which respondent no. 4 had directed for making fresh allotment in respect of dealership of fair price shop on 31.01.2020.
A resolution was passed on 31.01.2020 for allotting the fair price shop in favour of one Mamta Devi. The petitioner approached this Court and on 06.02.2020, this Court had directed that no third party right shall be created. However, the shop in question was allotted to Mamta on 14.02.2020.
Learned counsel for the petitioner states that the entire process of allotment was made in such a hurry manner that statutory appeal under Clause 13 could not be filed before the appellate authority and the present writ petition has been filed.
Opposing the writ petition, learned counsel appearing for the newly allotted dealer submitted that after filing of the writ petition, allotment being made in favour of Mamta, licensing authority thereafter cancelled the allotment on 20.02.2020.
Having heard learned counsel for the parties and from perusal of material on record, it transpires that due to pendency of writ petition, the subsequent allotment proceedings had been cancelled and no fresh proceedings have been initiated by the licensing authority.
As the petitioner has an alternative remedy of filing appeal under Clause 13(3) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, writ petition is dismissed leaving it open to petitioner to file statutory appeal within 15 days from today.
In case said appeal is filed, the appellate authority shall not go into the question of limitation and shall decide the same, strictly in accordance with law, within next 15 days.
It is made clear that for a period of one month from today, no third party right shall be created over the fair price shop in question.
Order Date :- 25.10.2021 V.S.Singh