Court No. - 45
Case :- WRIT - C No. - 20228 of 2018 Petitioner :- Om Vir Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Murali Manohar Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Murali Manohar, learned counsel for the petitioner and learned Standing Counsel for the State.
The respondent no.3, Shri Shyonath Singh was the fair price shop dealer of Village Panchayat Mauri Hazaratpur Patti Mora (Gularia), District Moradabad. The fair price shop dealership of the said Shri Shyonath Singh was cancelled by order dated 25.2.2013. The order of termination was taken in appeal by the respondent no.3. The appeal of the respondent no.3 was rejected by order dated 20.2.2014. Aggrieved the respondent no.3 assailed the orders dated 25.2.2013 and 20.2.2014 by instituting a writ petition before this court. The writ petition was instituted as Writ C No.13432 of 2014, Shri Shyonath Singh Vs. State of U. P. and another. The writ petition was allowed by this court by judgement and order dated 4.4.2018. The operative portion of the judgement and order dated 4.4.2018 rendered by this court is extracted hereunder:-
"16. In the result, the writ petition succeeds and is allowed. The orders of Sub Divisional Magistrate dated 25.2.2013 and Commissioner dated 20.2.2014 are hereby set aside. The Sub Divisional Magistrate is directed to restore the licence as well as supply of essential commodities relating to Fair Price Shop of the petitioner within a period of six weeks from the date of producing a certified copy of this order before him.
17. However, it shall be open to the Sub Divisional Magistrate to conduct a fresh inquiry, if required, in the facts of the case"
The fair price shop dealership of Shri Shyonath Singh, respondent no.3, was restored by order dated 19.5.2018.
The petitioner was subsequent allottee. The petitioner has assailed the order dated 19.5.2018 passed by the respondent no.2 reinstating the respondent no.3 as the fair price shop dealer.
The rights of the petitioner vis-a-vis a subsequent allottee have been amply protected by the Hon'ble Supreme Court in the case of Poonam Vs. State of U.P. and others 2016(7) ADJ 530. The Hon'ble Supreme Court held thus:-
"50. We have referred to the said decision in extenso as there is emphasis on curtailment of legal right. The question to be posed is whether there is curtailment or extinction of a legal right of the appellant. The writ petitioner before the High Court was trying to establish her right in an independent manner, that is, she has an independent legal right. It is extremely difficult to hold that she has an independent legal right. It was the first allottee who could have continued in law, if his licence would not have been cancelled. He was entitled in law to prosecute his cause of action and restore his legal right. Restoration of the legal right is pivotal and the prime mover. The eclipse being over, he has to come back to the same position. His right gets revived and that revival of the right cannot be dented by the third party."
In this view of the matter the petitioner does not have any locus standi to maintain the instant writ petition. The writ petition is liable to be dismissed on the ground of lack of locus standi.
The fair price shop licence of the respondent no.3, Shri Shyonath Singh, has been reinstated by order dated 19.5.2018 in compliance of the judgement and order rendered by this court on 4.4.2018 in Writ C No.13432 of 2014, Shri Shyonath Singh Vs. State of U. P. and another.
The order of reinstatement passed by the authority is consistent with the directions issued by this court in the said judgement dated 4.4.2018.
In view of the facts, there is no infirmity in the impugned order.
The writ petition is dismissed.
Order Date :- 29.5.2018 Pramod