Court No. - 27
Case :- WRIT - C No. - 14859 of 2018 Petitioner :- Smt. Pushpa Devi Respondent :- State Of U.P. And Another Counsel for Petitioner :- Brijesh Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Shri Brijesh Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the respondent- State.
Shri Singh, learned counsel for the petitioner submits that the stay application filed by the petitioner in Appeal registered as Appeal No.C20171700382 has been rejected by the authority concerned. The order impugned has provided that in case, a fresh shop licence was allotted to another person, then the petitioner would continue as fair price shop dealer. The order of cancellation of the fair price shop upon remand was passed on 18.05.2017.
Learned Counsel for the petitioner fairly submits that subsequent to the cancellation of his fair price shop licence, a fresh allotment has been made. The aforesaid allottee is discharging his duties as fair price shop dealer of village panchayat Asnahara, District-Basti.
The order passed by the appellate authority is a reasoned one. There is no infirmity in the aforesaid order. Right of the petitioner as an original allottee has been amply protected by the Hon'ble Supreme Court in the case of Poonam Vs. State of U.P and others, reported at 2016 (7) ADJ 530.
In the light of the law laid down by the Hon'ble Supreme Court in the case of Poonam (supra), any appointment of an alternative fair price shop dealer or any other arrangement made by the authorities shall abide by the decision of the appeal.
With the aforesaid directions/observations, the writ petition is dismissed.
Order Date :- 24.4.2018 Ashish Tripathi