Hon'ble Devendra Kumar Arora,J Heard learned counsel for the parties and perused the record. The petitioner being subsequent allotte has challenged the order passed by the Sub Divisional Officer, Barabanki, whereby the quota has been cancelled vide order dated 3.5.2010. On the event of cancellation of contract of opposite party no.3 the petitioner was allotted fair price shop. We are informed that now the appeal preferred by the opposite party no.3 against the order of cancellation has been allowed by setting aside the same, resulting which the fair price shop shall be restored. The right of the petitioner being subsequent allottee subsists only till final adjudication of the order of cancellation. After the order of appeal, whereby the order of cancellation has been set aside, the petitioner's right to continue with the shop goes. Therefore, we are of the view that the writ petition lacks merit and the same is dismissed as such.
Order date:- 24.06.2010 GSY