Court No. - 4
Case :- WRIT - C No. - 20063 of 2019
Petitioner :- Ramdev
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Abdul Mateen
Counsel for Respondent :- C.S.C.,Vinod Kumar Pandey
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Vinod Kumar Pandey, learned counsel for respondent no.5.
The respondent no.5 is a fair price shop agent of Gram Panchayat Parsa Sukurullah Block Uska Bazar Tehsil Naugarh, District Siddharth Nagar. It appears that on account of certain irregularities committed by the respondent no.5 in distribution of essential commodities, his licence was cancelled by the licensing authority by order dated 24.06.2017. Thereafter, respondent no.5 preferred statutory appeal no. C20171700335 against cancellation of his licence before respondent no.2 which was allowed by the appellate authority by order dated 14.05.2019 who directed the licensing authority to restore the licence of the respondent no.5.
In pursuance to the order passed by the appellate authority, the licensing authority has restored the licence of respondent no.5. The order of appellate authority dated 14.05.2019 is impugned in the present petition.
The petitioner has been allotted shop during the pendency of enquiry proceedings and cancellation of licence of respondent no.5. It is not in dispute that petitioner is a subsequent allottee and he was allotted the shop on account of the vacancy of fair price shop agent coming into existence due to the cancellation of licence of respondent no.5.
Learned counsel for the respondent no.5 states that petitioner is a subsequent allottee and he has no locus to file the present writ petition. The controversy involved in the present petition is concluded by the judgement of Apex Court in the case of Poonam Vs. State of U.P. and Others 2016 (2) SCC 799 and another 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, as per the judgement of Apex Court in the case of Poonam (supra) and Division Bench judgement of this Court in the case of Sukhpal Singh (supra), subsequent allottee has no locus standi to challenge the restoration of licence of original licence holder.
Consequently, the writ petition is dismissed as the petitioner has no locus standi to file the present writ petition.
Order Date :- 12.6.2019 Sattyarth