Court No. - 46
Case :- WRIT - C No. - 19071 of 2019 Petitioner :- Smt. Naseema Parveen Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard Sri Akhilesh Kumar Mishra, learned counsel for the petitioner and Sri Deepak Kumar Singh, State Law Officer.
The respondent no. 4 is a fair price shop dealer of village Ahraula Mafi, Block Asmoli, District Sambhal. It appears that some proceedings were imitated against him for irregularities in distribution of essential commodities and after enquiry, the license of the petitioner was cancelled by respondent no. 3 - Sub Divisional Magistrate, Sambhal by order dated 31.12.2014 against which the respondent no. 4 preferred statutory appeal no. 00006 of 2018 (Computerized Case No. C201813000000006) which was allowed by the appellate authority by order dated 12.7.2018.
The petitioner during the period of cancellation of license of respondent no. 4 was appointed as fair price shop agent and as such, he has preferred the present writ petition.
Challenging the order of the appellate authority restoring the license of respondent no. 4 dated 12.7.2018, learned counsel for the petitioner has contended that the appellate authority without appreciating the material on record illegally allowed the appeal of the respondent no. 4, whereas the charges levelled against respondent no. 4 were proved.
Per contra, State Law Officer contends that the petitioner is a subsequent allottee and has no right to challenge the restoration of licence of original fair price shop agent. In support of his arguments, he has relied upon the Division Bench judgement of this Court in Special Appeal No. 669 of 2018 (Sukhpal Singh Vs. State of U.P. and Others).
Be that as it may, this Court in the case of Sukhpal Singh (supra) has held that the subsequent allottee has no locus to challenge the restoration of license of original allottee. The petitioner's status is that of a subsequent allottee and thus, in view of the Division Bench judgment of this Court in the Case of Sukhpal Singh (supra), he has no locus standi to file the present writ petition as the writ petition is not maintainable on behalf of the petitioner. Hence, the same is dismissed. There shall be no order as to costs.
Order Date :- 30.5.2019 Ishan