Court No. - 45
Case :- WRIT - C No. - 20569 of 2018 Petitioner :- Shafique Ahmad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rupendra Kumar Mishra Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Ajay Bhanot,J.
The fair price shop licence of the petitioner was cancelled by order dated 14.3.2018. The petitioner took the order of cancellation in appeal. The appeal was registered as Appeal No. C201813000000537 (Shafique Ahmad Vs. State of U.P. ) before the learned Deputy Commissioner (F & S), Moradabad Division, Moradabad.
The only submission made by Sri Rupendra Kumar Mishra,learned counsel for the petitioner is that the authorities are proceeding to appoint a new fair price shop dealer upon the vacancies caused by the cancellation of fair price shop licence of the petitioner. The anxiety of the petitioner is that in case, subsequent allotment of fair price shop dealer-ship is made, third party right shall be entrenched. The right to appeal of the petitioner shall be rendered illusory.
Per contra, Shri Sanjay Ram Tripathi, learned Standing Counsel submits that the rights of the original allottee have been amply protected by the Hon'ble Supreme Court in the case of Poonam versus State of U.P., reported in 2016 (2) SCC 779.
The Hon'ble Supreme Court in the case of Poonam (supra) 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 the light of the law laid down by the Hon'ble Supreme Court, the petitioner is also entitled to similar protection. Any subsequent allotment made upon the cancellation of licence of the petitioner shall abide by the decision of the appeal.
With the aforesaid observations, this writ petition is disposed of.
Order Date :- 30.5.2018 Pratima