Court No. - 10
Case :- WRIT - C No. - 34767 of 2018 Petitioner :- Munni Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dheeraj Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard Sri Dheeraj Kumar Yadav, learned counsel for the petitioner, Sri Rai Sahab Yadav learned counsel for the respondent no. 6 and learned Standing Counsel for the State-respondents.
The petitioner claims to be an allottee of a fair price shop in village Pahasana, Post- Nizamuddinpur, Block- Madiyahun, District Jaunpur.
The appointment of the petitioner was made on account of vacancy created due to the cancellation of the license of earlier fair price shop agent respondent no. 6 Patiram and the respondent no. 6 preferred an Appeal No. 01 of 2016 before the Additional Commissioner Varanasi (Food) Varanasi Division, Varanasi against the cancellation of order dated 24.09.2016 which was allowed by the Appellate Authority by order date 24.8.2018 and the license of the respondent no. 6 has been restored.
The petitioner being a subsequent allottee, on account of vacancy created due to the cancellation of license of respondent no. 6 and as such has no locus to challenge the order of the Commissioner dated 24.08.2018 setting-aside the order passed by the respondent no. 2. Thus, the writ petition is liable to be dismissed as the petitioner has no locus to maintain the present writ petition.
Accordingly, the writ petition is dismissed. There shall be no order as to costs.
Order Date :- 12.10.2018 Ishan