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Shyamji vs State Of U P And Others

High Court Of Judicature at Allahabad|30 November, 2018
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JUDGMENT / ORDER

Court No. - 10
Case :- WRIT - C No. - 39214 of 2018 Petitioner :- Shyamji Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Patel Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Standing Counsel.
The petitioner is before this Court for a direction to third respondent to decide the representations dated 8.7.2018, 25.6.2018, 19.3.2018 moved by the petitioner within stipulated period.
In pith and substance the petitioner, who is complainant, is aggrieved with restoration of fair price shop of fourth respondent and in this regard he has moved the aforesaid representations.
The law in this regard is settled that complainant has no authority to challenge the order before this Court. A Division Bench of this Court in Amin Khan v. State of U.P., 2008 (2) AWC 2002 has said "in case he was a complainant, he could be, at the most, examined as a witness in the enquiry but he cannot be permitted to become a party in the lis."
The same view has been taken in another Division Bench decision of this Court in Special Appeal No.382 of 2008 (Guru Prasad Yadav v. State of U.P. & Ors.) decided on 13.3.2008.
In view of above, the writ petition lacks merit and is accordingly dismissed.
Order Date :- 30.11.2018 SP/
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Title

Shyamji vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 November, 2018
Judges
  • Mahesh Chandra Tripathi
Advocates
  • Vinod Kumar Patel