Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the petitioner and learned Chief Standing counsel.
The petitioner has prayed for issuing a writ, order of direction in the nature of mandamus commanding and directing the opposite party no.2 not to allot the Fair Price Shop quota for the village- Tiktha Block- Rampur Mathura, Tehsil- Mahmoodabad District- Sitapur in favour of the opposite party no. 3 till the decision of the appeal filed by the petitioner before opposite party no. 1.
The petitioner being a subsequent allottee has challenged the action of the authorities on the ground that if the shop of the opposite party no. 3 is restored and the purpose of the appeal shall be frustrated whereas we are of the view that the subsequent allotment always remains subject to final adjudication of right of original allottee and the petitioner being subsequent allottee has right to operate the shop, subject to decision of appeal.
Therefore, we are of the view that the petitioner has no locus to challenge the action of the authorities for restoration of the shop of the opposite party no. 3.
The writ petition is dismissed being devoid of merits. Order Date :- 21.6.2010 Sanjeet